A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

On November 11, 2017, the Defendant and the victim C (n, 20 years of age, 10 years of age, 20) moved from the E main store located in Gangnam-gu Seoul Metropolitan Government D to the restaurant of “G” located in Gangnam-gu Seoul Metropolitan Government F around 13:00 on the same day, while drinking together with other persons, the said victim drinking together with the victim, around 15:55 on the same day as the withdrawal date, and moved to the I hotel located in Gangnam-gu Seoul Metropolitan Government H.

From 16:10 on the same day to 18:30 on the same day, the Defendant drunked from the above I hotel 306 to 18:30 on the same day, and took off the stoma and clothes of the victim who does not properly resist, and taken off the victim’s bat with her two legs, and laid off the victim’s her bat, with his her her bat, and inserted his bat, into the part of the victim.

As a result, the defendant, by using the victim's mental or physical loss or the state of impossibility of resistance, has sexual intercourse with the victim, thereby causing the victim to suffer a female room at a level of 0.5 centimeters in length where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Written Statement;

1. A criminal investigation report (public inspection documents, CCTV images in the place of occurrence), investigation report (the details of text messages);

1. A gene appraisal report, legal and chemical appraisal report, and a general diagnosis report;

1. The details of entrance, opening, and opening hours, photographs of the place of occurrence, hotels prepared by the victim, cafeterias drawings, and K dialogues, and text messages stored in the suspect's cell phones;

1. Application of CD-related Acts and subordinate statutes containing CCTV images;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 299, and 297 of the Criminal Act that choose a penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children and juveniles.