A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant is a person who has worked part-time at the “C” business place located in Pakistan-si, and the victim D (the victim, the 30-year-old age) is a customer of the said marina business place.

On March 30, 2019, at around 06:49, the Defendant: (a) directed the victim, who visited “C,” while under the influence of alcohol at “C, to the head of 210 room; (b) went out to the said heading room for about one hour; (c) led the female employees of non-merchants into the said heading room for about one hour; and (d) led the victim, who was under the influence of alcohol, to the said heading room, was able to report and rape the victim; (d) put the victim into the body of the victim; (e) putting the hand into the body of the victim; (e) putting the heading part of the victim’s chest; (e) putting the heading part of the body of the victim into the body of the victim; and (e) putting the pans and pans of the victim into the part of the victim; and (e) inserted the part of the victim’s sex.

Accordingly, the defendant has been raped by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

Defendant’s legal statement

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Disclosure Orders and Notification Orders against D, the statement card contents, photograph, Ctv video cd, C on-site photo, investigation report (in relation to the victim's attachment), response to request for appraisal, response to a report on the analysis of digital evidence, and criminal facts covered by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 297.