A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

[Criminal Power] On April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court for ten months and one year of suspended execution, and the said judgment became final and conclusive on the 15th of that month.

【Criminal Facts】

The defendant is a person who has worked as a water in Daegu Northern-gu, and the victim D (n, 23 years old) is a person who served as a leart dancing in the above leart club.

At around 03:00 on October 1, 2015, the Defendant appeared together with the victim and the driver’s office near the F University E in Daegu Northern-gu, and drinking alcohol. At around 07:00 on that day, the Defendant entered the mother hostel C in Daegu Northern-gu, and talked with the victim about drinking and drinking the hamber.

The Defendant shingly kiddly kids the victim and kids the victim on the bed.

After the defendant was exposed to the body of the victim, the defendant divided the part of the victim's chest and prevented the victim from resisting.

After that, the Defendant exceeded the clothes of the victim, put the fingers into the part of the victim, inserted the Defendant’s sexual organ into the part of the victim, and sexual intercourse with the victim once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written request for appraisal;

1. Investigation report (Receipt for calculation of accommodation expenses and photographs of images);

1. Previous records of judgment: A criminal investigation report (prior records and facts of concurrent crimes in the latter part of Article 37 of the Criminal Act), application of statutes governing judgment;

1. Article 297 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification 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, the circumstances leading to the crime committed in the records of this case, and the relationship with the victim;