A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

At around 00:30 on April 12, 2013, the Defendant, at the main point in the management of the victim D (n, 47 years of age) located in Sinsan City, performed drinking together with E, who is working.

During that period, the above E was under the influence of alcohol, and the defendant returned home with the victim, and the victim had the alcohol so that the victim would have sexual intercourse with the potential victim by enjoying the alcohol.

Therefore, the Defendant, at around 02:40 on the same day, brought an electric breaker installed at the above main points, went out of the victim's strawing and panty, and had sexual intercourse with the victim once.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to victims D to the Acts and subordinate statutes;

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43

The reason for sentencing [decision of the type] The general criteria for the crime of rape (the person under 13 years of age or older) [decision of the recommended area] The basic area of the crime of rape (the person under 13 years of age or older] [the scope of recommendation] [the person under general custody] from 2 years and 6 months to 5 years of imprisonment [the person under general custody]: The serious reflect [decision of the sentence] crime of this case is rape by taking advantage of the state in which the victim is living together, and there is a high possibility of criticism for the defendant.