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

Punishment of the crime

On June 25, 2016, around 03:00, the Defendant discovered a victim (hereinafter referred to as “D”) under the influence of alcohol at a “D” club located in Yongsan-gu Seoul, Yongsan-gu, Seoul, in order to have sexual intercourse with the victim, and got out of the club.

At around 04:45 on the same day, the defendant exceeded the victim's panty in the victim's panty room in Yongsan-gu Seoul, Yongsan-gu, by taking advantage of the victim's spanty in a state where the victim is unable to resist due to being drunk by drinking, and sexual intercourse by inserting the defendant's sexual organ into the part of the victim's panty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Legal chemical appraisal reports and narcotics appraisal reports, analysis results of requests for appraisal, and replys to requests for appraisal;

1. Application of the Acts and subordinate statutes to photographs by using a card receipt used by the suspect and by cutting down the suspect video data;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant has special circumstances in which it is impracticable to impose an order to complete program on a foreigner to expect the effect of preventing recidivism due to a foreigner's

1. Reasons for sentencing: 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 or notify information; 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 [where comparing the Defendant’s age, character and behavior; the risk of recidivism; the background and method of committing the crime in this case; the family environment; the profits and preventive effects expected by an order to disclose or notify the Defendant; and any disadvantages and side effects arising therefrom, there are special circumstances that may not disclose or notify

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] and general standards for sex crimes shall be the thirteen years of age for rape.