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

On November 8, 2013, at around 03:30, the Defendant discovered the victim E (here, 19 years of age) who sits on the floor while drunk in the street near the D Child Care Center located in Busan-gu, Busan-do, and took the victim back to F with the “GMour” room 306 on the same day, and had sexual intercourse once with the victim under the influence of alcohol at around 04:00 on the same day.

Accordingly, the defendant raped the victim by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each legal statement of witness E and H;

1. Results of the CCTV CD verification in this Act;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and H;

1. A request for appraisal, reply and written appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the autopsy and attachment of identification cards of a person suspected of being submitted by the victim, specific details of the place of damage, and attachment of photographs);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. The main sentence of Article 16 (2), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 59 of the Act on Probation

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Articles 49(1)2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 50(1)2 and 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the scope of applicable sentences] the grounds for sentencing from 1 year and 6 months to 15 years [the scope of applicable sentences], general standards, sex crimes (at least 13 years old), rapes (general rapes) and first category [the scope of applicable sentences] [the elements for mitigation] [the scope of recommended sentences] 2 years and 6 months to 5 years [the scope of basic areas] imprisonment with prison labor; the crime of this case committed in June 2 and 6 shall be a female victim who was drunk so that the defendant can not hold his body in the street to meet his/her own sexual desire.