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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

Around 04:00 on May 11, 2017, the Defendant, at the Seoul Dongdaemun-gu apartment parking lot, had sexual intercourse by putting the victim on the floor between the parked vehicles, putting the victim under the influence of alcohol, i.e., drinking alcohol at the nearby age club, i.e., e., the knife D (at the age of 21) and gling the victim, who was under the influence of alcohol, with the victim’s sexual intercourse, with the victim’s sexual organ inserted into the negative part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of Acts and subordinate statutes to photograph victims, report on investigation (Attachment to CCTV for the purpose of protection), investigation report (where the scene of the case is specific and photograph attached);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a range of two years and six months to five years (basic areas);

3. The instant crime committed on the sentence is deemed to have sexual intercourse with a vehicle parked on the alley, where the Defendant was drinking with the victim who was drinking at the age club and drinking, and the victim who was unable to resist due to physical and mental loss due to drinking by drinking, and the victim was sexual intercourse with the vehicle parked on the alley, and the details and form of the crime is very poor.

The victim suffered a life-free mental damage and suffering due to the crime of this case, and the defendant was punished.

However, the fact that the defendant shows the reflection of the crime of this case, and other factors.