A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Criminal facts

The Defendant, around 02:50 on June 1, 2013, viewed that the victim F (V, 24 years old) was in the front way of the “E restaurant” located in Seo-gu, Seo-gu, Gwangju to take a taxi in a state where the victim F (V, 24 years old) was under the influence of alcohol.

Accordingly, the Defendant: (a) laid off the clothes of the victim who had been in the state of non-performance of the right to resist, and had sexual intercourse with the victim by inserting the victim’s sexual organ into the victim’s negative part, 507 “Gel” in Seo-gu, Gwangju.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report (Nos. 5 and 6 of the evidence list);

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) relating to the relevant criminal facts

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 before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case is an element of sentencing unfavorable to the Defendant, such as the following: (a) the Defendant had sexual intercourse with the Defendant in which he had a chance to talk on the street; (b) the Defendant had sexual intercourse with a female who had been married to the motel; and (c) the victim had a considerable physical and mental impulse due to the instant crime; and (d) the damage therefrom has not been recovered.

On the other hand, the fact that the defendant recognizes all the charges of this case, and that there is no record of criminal punishment so far, etc. are favorable factors of sentencing.

Furthermore, the age, character and behavior of the defendant, and