준유사강간
A defendant shall be punished by imprisonment for a term of one year and eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On August 1, 2018, the Defendant, at the drinking house near B located in Nowon-gu in Seoul Special Metropolitan City around the night of August 1, 2018, drinked with the victim C (n, 23 years of age) and fling with the victim. On August 2, 2018, around 02:30, the Defendant: (a) sent the victim to D hotel E in Seoul Special Metropolitan City, Nowon-gu; (b) attempted to have a sexual intercourse while drinking the victim’s chest; and (c) the victim said, “I do not refuse to do so.”
Nevertheless, the Defendant, while under the influence of alcohol, she laid his/her fingers into the drinking part of the victim.
Accordingly, the Defendant committed similar rape by taking advantage of the victim’s insane condition.
Summary of Evidence
1. C’s legal statement;
1. A written statement;
1. On-site CCTV CDs and CCTV images;
1. Application of Acts and subordinate statutes to a investigative report (limited to attachment to D hotel carnets, elevator CCTV image data photographs);
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;
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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that the Defendant had no record of criminal punishment prior to the instant crime; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism; the Defendant’s personal information registration and completion order alone appears to have a certain degree of effect on the prevention of recidivism; and the Defendant’s disadvantage and anticipated side effects due to the disclosure and notification order; and the Defendant’s age, occupation, family environment