A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On April 14, 2009, the Defendant was sentenced to six years of imprisonment with prison labor for robbery, rape, etc. at the Gwangju District Court on April 28, 2016, and completed the execution of the sentence at the interesting prison.

【Criminal Facts】

On April 6, 2019, the Defendant, from around 03:00 to 04:00, had sexual intercourse with the victim’s sexual organ inserted the victim’s sexual organ into the victim’s sound book by putting the victim’s belc, the victim D (one’s name, female, 24 years old), and the victim D (the victim’s age of 24 years), under the influence of alcohol, under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. A written assessment of blood alcohol and a written assessment of genes;

1. Previous records of judgment: Application of criminal records, inquiry reports (suspects' repeated records, and confirmation of the same kind of records);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

A. The scope of the crime of rape (the 13 years of age or older) [the 1] general rape (the 1st degree of special rape): The mitigated elements of punishment, the aggravated factors: the same kind of repeated crime not falling under the specific crime Aggravated Punishment (the repeated crime) and specific violent crimes (the repeated crime).