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 between the victim C (ma, 18 years of age) and the male-child defendant D.

The defendant, while drinking alcohol together with the victim, D, etc., had the victim locked into the inside of the undertake of alcohol, and was able to rape the victim by using the state of impossibility to resist.

1. At around 04:30 on January 3, 2015, the Defendant: (a) entered the said D’s house located in Songpa-gu Seoul, Songpa-gu, Seoul, as a sprink for smoking tobacco into a sprink; (b) placed the victim’s name and brogate on the part of the victim, who was under the influence of alcohol, into a sponsor; (c) taken the victim’s chest and brogate on the part of both hand, and kid the victim’s chest.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

2. Around 06:00 on January 3, 2015, the Defendant entered the house of the above D, where D d spawn and spawn spawn, and spawn spawn spawn spawn spawn spawn spawn swn swn swn swn with both descendants, and swn swn swn swn swn swn swn swn swn swn swn swn, and continuously inserted the Defendant’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the Defendant raped the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (to attach a response to a request for appraisal);

1. Application of Acts and subordinate statutes to the contents of characters and paintings;

1. Relevant legal provisions concerning the facts constituting an offense and Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Articles 299 and 297 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments prescribed for the crime of quasi-rape heavier than the punishment) among concurrent 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 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;