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

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

Punishment of the crime

The Defendant and the Victim B (A) came to know through a private school meeting called “C,” and the Defendant, on May 1, 2017, after holding a regular meeting of the above private school group, D Newland, which was owned by the Defendant, was able to bring about the victims who were drunk in a passenger car.

On May 2, 2017, between 01:00 and 02:45, the Defendant: (a) carried out the vehicle by having the victim wishing to be discussed on the road located in Yeongdeungpo-gu Seoul Metropolitan Government, the 13th air basin located in Yeongdeungpo-gu; and (b) the victim was unable to set up his mind with the mouth, and (c) the victim’s breath who did not resist properly within the said vehicle and did not resist properly; and (d) laid off the clothes under the part of the victim, and inserted the boom into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

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 or notify, and 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 have no record of criminal punishment for sexual crimes prior to the instant case, and the Defendant also has the effect of preventing recidivism by means of imprisonment with labor imposed on the Defendant, registration of personal information, order to complete sexual assault treatment programs, and restriction on employment imposed on children