A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The Defendant was a person operating the “C” located in the Seoul Jung-gu Seoul Central Government Building (2nd floor) and the victim D (17 years old) was a student of the said private teaching institute.

On August 25, 2017, at around 01:00, the Defendant drinked with the victim on his or her own residence, located on the ground floor of the building in the same Gu E-gu, the breath of alcohol. On the same day, around 04:00, the Defendant retired from the clothes of the victim, who was unable to resist due to alcohol, and was sexual intercourse once with the victim, at around 06:00 on the same day, at the same time.

Accordingly, the defendant has sexual intercourse twice with the victim who is a child or juvenile by taking advantage of the victim's non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement of witness G;

1. Response to a request for appraisal;

1. With respect to each investigation report (in relation to the body of a victim’s H to wear a course, such as the victim’s H submitted contents, the results of genetic evaluation conducted by the suspect A, files of H and mobile phone text files), reference materials, such as H contents, appraisal requests for genetic analysis, and the application of statutes

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 and Article 297 of the Criminal Act, Articles 18 and 34 (2) 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of whom the relevant provision of the Act and the choice of a sentence concerning criminal facts, shall be applicable;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (aggravating concurrent crimes within the limit referred to in the proviso to Article 42 of the Criminal Act, as prescribed for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, around August 25, 2017 with heavy circumstances);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, January 16, 2018);