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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

1. Around April 15, 2017, around 00:45, the Defendant discovered the victim F (the 25-year-old age), who was under the influence of alcohol while driving an E-crat vehicle in front of Yongsan-gu Seoul, Yongsan-gu, Seoul for returning home.

The Defendant, who had been in mind of having sexual intercourse with the victim at the above car, led the victim to the “Hel” located in Gwangjin-gu Seoul Special Metropolitan City.

The Defendant kidnapped the victim for the purpose of sexual intercourse as above.

2. At around 01:25 on April 15, 2017, the Defendant: (a) exceeded the her panty and panty of the said victim under the influence of alcohol at the heading room 207; and (b) had sexual intercourse once with the said victim.

The Defendant, as above, had sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Each police statement of J and K;

1. Application of Acts and subordinate statutes to report internal investigation (on-site investigation and CCTV investigation);

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse) and Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) ;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to 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 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 (the family environment, social ties, criminal records, and the risk of recidivism of the accused recognized in the record, and the degree of disadvantage and anticipated side effects of the accused committed due to an order to disclose or notify the information.