A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

1. Around 02:20 on December 1, 2019, the Defendant discovered the victim D (the age 56, female) who was in an indoor room through the open entrance of the Daegu-gu Incheon-gu B and the first floor C Private Teaching Institutes, and took the victim’s 450,000 won in cash from the victim’s wall, who was under custody in the inner room (the total length, 200cm, 10cm in the blade length) and rein the inner room with a deadly weapon that was under custody in the inner room (the total length, 200cm, 100cm in the blade length).

The Defendant, in mind of having sexual intercourse with the victim, exceeded the clothes of the victim, and sexual intercourse with the victim once.

Accordingly, the Defendant committed rape after taking the victim's property by carrying a deadly weapon.

2. No person shall photograph another person's body against his/her will, using a camera or any other mechanical device equipped with similar functions, which may cause sexual humiliation or sense of shame;

The defendant taken photographs against the victim's will by using the victim's smartphone functions, such as "a photograph shall be taken, if the defendant makes a report, he or she will show his or her pictures later to his or her relatives or people around," and the victim's chest and sound recorded against the victim's will that may cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the provisions of Articles 334(2) and (1), 33, and 297 of the Criminal Act (the occupation of special robbery and rape, and the choice of limited imprisonment);