A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On July 10, 2018, at around 10:0, the Defendant, at the same time, 9 persons, including the victim E (n, 24 years of age), who were aware of the Defendant’s provoking D in Gwanak-gu, Seoul Special Metropolitan City, drink and play alcohol together with nine years of age, and were scattered and dried together in a ward, and the victim and his her breath left the ward by drinking alcohol of the victim who was locked under the influence of alcohol, and breathd with the victim’s breast, she was frighted into the part of the victim’s panty, and her finger was collected at the victim’s chest, and her finger was collected at a hand.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s insane condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reports (Attachment of documentary evidence submitted by a victim), and text messages;

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

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 Disclosure and Notice of Employment, Exemption from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) does not have any history of punishment for sexual crimes; and it is difficult to readily conclude that there was a sex offense habit against many unspecified women in light of the content of the instant crime; the completion of the Defendant’s personal information and the sexual assault treatment program alone appears to have the effect of preventing recidivism by the Defendant.