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

At around 01:00 on December 14, 2012, the Defendant: (a) committed rape with the victim E (the age of 17) who came to know of the conduct of hosting at the Seongbuk-gu Seoul Special Metropolitan City C market D Do Do Do, Sungnam-gu, and (b) Domincing the victim’s drinking part in the bed; (c) Domincing the victim’s clothes to have sexual intercourse with the victim; and (d) Domincing the victim’s clothes against the victim, Domincing the victim’s clothes, and Domincing the victim’s arms and legs, Domincing the victim’s resistance by attaching the victim’s arms and legs, taking the victim’s body into force so that the victim may not walk; and (d) domincing the victim’s resistance by committing assaulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

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 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines (determination of types of punishment), general standards, types 2 [the scope of recommended fields and the scope of recommended sentences] among the crimes of rape (subject to at least 13 years of age), the basic area of imprisonment, 5 years to 8 years.

3. In light of the fact that the Defendant rapes the victim who is a juvenile, and thus, the Defendant’s fault is large, and the victim has a big mental impulse due to the instant crime, it is necessary to strictly punish the Defendant.

However, under the favorable circumstances, the defendant's mistake is divided, the defendant has no same criminal record and has no significant penalty record, and the age, health and environment of the defendant, and the result of other means of the crime;