준강간
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall order 40 hours to complete the sexual assault treatment program.
Punishment of the crime
The Defendant and the victim C (n, 21 years old) are those who worked in Songpa-gu Seoul Metropolitan Government cafeteria as an employee on August 2012.
On June 14, 2013, around 23:00 on June 23, 2013, the Defendant her drinking together with the victim in Songpa-gu Seoul E, and her drinking to the extent that the victim her body was drunk, and the Defendant her drinking to the “H” her body in Songpa-gu Seoul.
At around 01:30 on June 15, 2013, the Defendant: (a) reported the victim under the influence of alcohol, and decided to rape the victim by using the report that the victim had no consciousness; (b) exceeded all the clothes of the victim in which motos are buried; (c) exceeded the victim’s clothes; and (d) laid off the victim’s sexual organ on the bed; and (d) inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse once.
Accordingly, the defendant has sexual intercourse with the victim C by taking advantage of the state of impossibility to resist.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of statement concerning C prepared by the police;
1. Video-recording photographs of Horse CCTV;
1. Application of Acts and subordinate statutes to requests for appraisal, reply and written appraisal;
1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) applicable to the crime
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program is wholly amended by Act No. 11556, Dec. 18, 2012 (hereinafter the same shall apply);
1. The accused is subject to disclosure orders and notification orders under the proviso to Article 37 (1) and the proviso to Article 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which an order to disclose or notify is exempted;
However, the Defendant had no record of criminal punishment prior to the instant crime.
In addition, the defendant is a university student, and he is living together with his parents and four siblings.