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

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

Punishment of the crime

The defendant is in charge of operating the "C" in Gwangjin-gu Seoul, Seoul, and the victim D (V, 26 years old) is a member of the Taekwondo funeral operated by the defendant.

Around 03:00 on October 13, 2017, the Defendant, while drinking alcohol together with the victim in the above Taekwondo field, reported that the victim was forced to face a spanch with the victim's panty, without standing the mind of drinking, and the victim's panty, added the hand to the victim's panty, added the victim's hand to the part of the victim's hand, and tried to have his hand over several times.

Accordingly, the defendant raped the victim who is in an impossible condition of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. A criminal investigation report (referring to a reply made by the National Institute of Scientific Investigation for Evaluation);

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse (the period of restriction on employment against the defendant shall be determined as the same as the disposition, comprehensively taking into account all the circumstances, such as the defendant's age, environment, circumstances before and after the crime is committed, circumstances before and after the crime, opening, and anticipated side effects caused by the order of restriction on employment, and effects of preventing sexual crimes that may be achieved due to such 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 and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment).