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

From September 2016, the Defendant, while working as the BJ of Internet Broadcasting “B”, had received profits from “C” (which can be converted into 100 won per 1C points) supported by viewers (a broadcasting that performs various tasks, such as long-term vagabonds requested by viewers) while running as a broadcasting channel, and had employed victims E (n, 21 years of age) as a broadcasting channel around July 8, 2019.

On November 8, 2019, at around 20:48, the Defendant, in Geumcheon-gu Seoul Metropolitan Government Ftel G, broadcasted with the victim to drink alcohol, and proceeded with the term “fooding” under the sponsor of C from viewers. At around 23:47 of the same day, the victim spaeded and dumed in the toilet and dumped off in the toilet, and cut off the panty, and immediately suspended the broadcast, and laid off the victim.

Since then, the defendant, under the influence of alcohol, was off from the victim's side and panty, and had sexual intercourse once with the victim, and used the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A H statement;

1. A report on the results of appraisal with a country;

1. Application of four Acts and subordinate statutes to restore digital evidence analysis data CDs;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The defendants under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 shall be punished as the same crimes.