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

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

Punishment of the crime

At around 01:55 on June 27, 2018, the Defendant introduced the Belc in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “Seoul Special Metropolitan City Belc”), and inserted the Defendant’s sexual organ into the victim’s panty, continuously putting the Defendant’s sexual organ out of the victim’s panty, putting the victim’s body and putting the victim’s sexual organ back into the victim’s entrance, putting the victim’s body and putting the victim’s body back in the state of her ability to resist, being able to resist, being able to resist the victim’s body.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Reports on internal investigation (including the submission of clothes in victim), reports on internal investigation (the confirmation of CCTV and CCTV), internal investigation reports (CCTV verification2), internal investigation reports (the search by the manager of the telecom), investigation reports (in response to requests for appraisal by countries and by numbers), investigation reports (in relation to appraisal by the Seoul Scientific Investigation Institute), investigation reports (in response to requests by the National Scientific Investigation Institute for Appraisal by the Korea Research and Investigation Institute);

1. Counseling (excluding D parts), the list of currencies submitted by the victim, the contents of conversation between the victim and the defendant, and requests for appraisal;

1. Application of the Act and subordinate statutes as a result of the CD reproduction viewing by this Court;

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. Determination on the assertion by the Defendant and the defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Welfare of Disabled Persons Act

1. The Defendant’s summary of the assertion is at the time of the instant case.