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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On March 9, 2018, at around 23:25, the Defendant: (a) had sexual intercourse for about 10 minutes by inserting the Defendant’s sexual organ into the part of the victim’s sound, when the victim C (the family name, the female, and the age of 18) of high school-friendly job offering who performed drinking together was unable to hold his body under the influence of alcohol; and (b) had sexual intercourse for about 10 minutes by inserting the Defendant’s sexual organ into the part of the victim’s sound, under the influence of alcohol.

Accordingly, the defendant raped the victim who is a child or juvenile by taking advantage of the victim's mental disorder or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. Application of the Acts and subordinate statutes governing the contents of a conversation;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose or notify personal information, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment, criminal punishment, disclosure or notification order, and the anticipated side effects of the Defendant’s disadvantage and side effects, the prevention of sexual crimes subject to registration that may be achieved by such order, and the effect of protecting the victims, etc., if the conviction of the Defendant becomes final and conclusive due to such crimes as stated above, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is subject to registration of personal information pursuant to Article 43 of the same Act.