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 June 28, 2018, the Defendant, along with the victim D (titled) who became aware of the “C club” in Seo-gu Daejeon, Seo-gu, Daejeon, was able to drink alcoholic beverages and to gather the victim, and the victim was able to talk with the victim so that the body could not be properly accumulated, and the Defendant was able to rape the victim by using it.

On June 29, 2018, at around 04:31, the Defendant, while under the influence of alcohol under the Jung-gu EelF, Daejeon, on the part of the victim, took off the victim’s clothes from his bed, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant raped the victim by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Each legal statement of witness D and G;

1. The application of the Act and subordinate statutes on voice recording, including the details of approval of credit cards, field photographs, etc., seizure records, seizure records, list, and police investigation reports (Submission of suspect Handphones, submission of suspect-related audio-recording files, submission of suspect suspect-related audio-recording files, posting records, recording records, recording records, one CD (Eel-site photographs), investigation reports (verification of CCTV and Moel CCTV), voice recording, photographs, text messages, and the contents of audio-recording records;

1. Articles 299 and 297 of the Criminal Act applicable to the crimes;

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. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction 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, the proviso to 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); Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is a crime committed against many and unspecified persons; the Defendant has no record of being punished as a sexual crime.