A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a person who was enrolled in the same company as the victim C (V, 28 years of age).

On May 2, 2015, the Defendant: (a) around 00:50 on May 22, 2015, at the Sungnam-si, the Defendant 309 hotel room, “E” located in Sungnam-si, Sungnam-si, and 309, followed the victim who took a large amount of drinking together with Defendant’s daily behaviors, and took off the victim’s clothes under the influence of alcohol and inserted the Defendant’s sexual organ into the Defendant.

Accordingly, the Defendant, under the influence of alcohol, raped the victim in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Response to a request for appraisal;

1. Evidential materials (the Kakao Stockholm conversation content) submitted by the victim, and the card approval details;

1. Application of Acts and subordinate statutes to CCTV data in drinking places;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the general criteria for rape (subject to at least 13 years of age) and the general rape (subject to Class 1) [the scope of recommended punishment] and the basic area of punishment [the scope of recommended punishment], two years and six months to five years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months; considering the fact that the nature of the crime is not good in light of the background and method of the crime in this case; the victim appears to have suffered a considerable pain in this case; and the victim wanting to punish the defendant, a severe punishment against the defendant is inevitable.

However, it is advantageous to the fact that the defendant recognizes the crime and reflects it, and that the defendant has no record of criminal punishment.