A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

On June 30, 2015, at around 00:30, the Defendant drinked alcoholic beverages at “E” restaurant operated by the victim D (Inn, 58 years of age) in Seogu, Daegu, Seo-gu, (E). The Defendant moved the victim to the main room in order to care for empty bottles while he was seated next to the Defendant, and the Defendant saw the victim’s body as the victim followed.

Accordingly, when the victim was pushed the defendant and faced out of the main room, the defendant thought that he rapes the victim, the defendant scambling the victim over the main floor, scambling the face of the victim who intends to tightly and work together with the body of the defendant twice in his hand, he exceeded the victim's body and panty in several times from that time to 06:00 on the following day, and sexual intercourse with the victim by several times from that time to 06:0, and thereby, the victim has been sexual intercourse with approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a medical certificate, attachment of a report on 112 reported case list, attachment of a medical certificate, and attachment of a photograph of the place of crime), each photograph (Evidence No. 5, 17), medical certificate (Evidence No. 12), 112 reported case processing department (Attachment No. 15 of the same list), gene appraisal document (Additional Evidence No. 15 of the same list), and gene appraisal document (Additional Evidence No. 1);

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the main text of Article 49(1)2 and the main text of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.