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

The defendant is a company member and the victim E (the age of 25) is a person who attends the same workplace as the defendant and has retired approximately six months.

On January 8, 2016, the Defendant: (a) had the victim drinking alcohol with the victim at a main station near the F located in the Sinh City around a night; (b) had the victim drunked so that he would be raped; (c) around 22:36 on the same day, the Defendant was able to take the victim into the victim under 509 “H hotel located in G at Sinung-si; (d) went the victim on the bed from the bed; and (e) laid off the victim’s body; and (e) inserted the Defendant’s sexual organ into the part of the other victim’s body.

Accordingly, the Defendant raped the victim in a state of her ability to resist due to drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (including photographs attached to the H hotel and the victim's photograph at the scene of the crime) and investigation report (including documents attached to the results of the request for appraisal, as well as documents attached thereto);

1. Contents of text messages with suspect-friendly I;

1. Application of the Acts and subordinate statutes governing hotel CCTV CDs;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information, 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 - Defendant cannot be readily concluded that there is a risk of repeating a sex crime against the Defendant, and in addition to the fact that Defendant concurrently takes measures to improve his/her character and conduct, it is deemed that there is a special circumstance that may not disclose or notify the Defendant’s personal information, and thus, an order to disclose or notify the registered information

Defendant

(b).