A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspension of execution on May 27, 2015 for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon Faging Board

6. 4. The judgment becomes final and conclusive and is still under suspension of execution.

[2] The Defendant is the husband of the victim G (n, 19 years of age, her husband), who is the spouse of the victim G (n, her husband), and the Defendant’s wife and the victim are also residing in Suwon-si H 402 from March 2016.

On April 12, 2017, at around 04:20 on April 12, 2017, the Defendant: (a) placed the victim who frighting alcohol in a ward; (b) placed the victim on a small bed; (c) placed the victim’s chest in a bed; (d) placed the victim’s chest in a bed and panty; and (e) placed the victim’s panty into the victim’s sexual organ once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G (tentative name) and I;

1. 112 Reporting case handling table;

1. On-site photographs of the case;

1. Cut of a letter sent by the defendant (53 pages of investigation records);

1. Application of the Act and subordinate statutes of a gene appraisal document (123 pages of investigation records);

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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 favorable circumstances):

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notice Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and environment, the type, motive, process, consequence and severity of the instant crime, relationship between the Defendant and the victim, and relationship between the victim and the Defendant, shall be subject to disclosure orders.