A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

From January 2017, the defendant was living together with the victim C (n, 26 years of age) in Gwangjin-gu Seoul Special Metropolitan City, and even after the settlement of the relationship around December 2017, the defendant continued to live in the house of the victim due to money problems.

1. Similar rape: (a) around 00:00 on December 2, 2017, the Defendant got home late at night from the victim’s residence at night; (b) the head was 3 times with the hand floor of the victim; (c) the victim, who was in the beds thereafter, was able to take the head debt of the female toward his sexual flag by putting the victim’s head debt, and (d) the victim resisted the her resistance that the Defendant and the victim would be able to capture a photograph taken together with the Defendant and the victim, thereby making the victim fright up with the Defendant’s sexual organ.

Accordingly, the Defendant raped the victim.

2. On March 13, 2018, the Defendant detained the victim for about 30 minutes, including: (a) a police officer, who was reported on the case of assault at the victim’s residence and called out upon the victim’s request to open a door, such as cutting down his/her cell phone and cutting down his/her door door, and by threatening the victim’s cell phone so as to prevent the victim from leaving the door.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of the victim's upper half his/her body);

1. Relevant Article 297-2 of the Criminal Act and Article 276 (1) of the Criminal Act (the point of confinement and the choice of imprisonment with labor) concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the punishment is added up the long-term punishment for the crimes of similar rape which are heavier than the punishment);

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

1. An order for disclosure, notification, and employment restriction order shall be punished as a sexual crime;