The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

On April 18, 2013, from around 23:00 to 01:00 of the following day, the Defendant moved the victim, who was under the influence of alcohol and was in drinking alcohol, to the “Helel” located in the Geum-gu Busan Metropolitan City, from the main point of “E” located in the Geum-gu, Busan. The Defendant got the victim, who was under the influence of alcohol and drinking alcohol, to the “Hel” located in the same Gu G.

At around 02:00 on April 19, 2013, the Defendant: (a) placed the victim in a state of failing to resist due to alcohol on his/her part; (b) exempted the victim from all clothes of the victim; and (c) placed the victim in sexual intercourse once.

Accordingly, the defendant was raped by having sexual intercourse with the victim one time by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each investigation report (Attachment to CCTV photographs, etc., attachment of medical records at the victim's hospital, provision of cell phones letters between the suspect and the victim) Acts and subordinate statutes;

1. Article 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) relating to the relevant criminal facts and the choice of punishment

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16(2), (4), and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012); Article 59 of the Act on Probation, Etc.

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1)2 and (3), the main sentence of Article 50(1)2 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 1 year and 6 months to 15 years [the scope of applicable sentences] from 1 year and 6 months to 15 years [the general standards for sex crimes, the crimes of rape (at least 13 years of age), the first type [the person who has a special rape] [the scope of applicable sentences] [the person who has no criminal records of punishment [the scope of applicable sentences] [the person who has been sentenced to imprisonment with prison labor] from 2 years and 6 months to 5 years (basic area].