Defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The Defendant, at around 18:00 on October 12, 2014, was under the influence of “F” store located near Seoul E, and was under the influence of “F” and was under the influence of alcohol for the first time. At around 20:00 on the same day, the Defendant was under the influence of alcohol and used it to rape the victim.

Accordingly, at around 20:11 on the same day, the Defendant: (a) took the victim into a “H” telecom located in Seoul Special Metropolitan City, Nowon-gu, about 500 meters away from the same day; (b) went into a business place and became a guest room; and (c) had sexual intercourse with the victim once by taking advantage of the victim’s in-depth mental disorder and the state of non-performance of ability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Video recorded in a CD or video recorded in a telecom or apartment CCTV;

1. A protocol of examination of part of the defendant by prosecution;

1. Each prosecutor's statement concerning D;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement concerning D;

1. Requests for appraisal;

1. Details of domestic approval for each photograph, Nonghyup Card, and copies of CCTV images;

1. Application of investigation reports (verification of the time for admitting Moel), investigation reports (verification of statements by police officers, etc.)-related Acts and subordinate statutes;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant has no record of punishment for sexual crimes against the defendant, and the defendant is