A defendant shall be punished by imprisonment for not less than three years and six months.

The accused shall be at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Criminal facts

On August 3, 2020, at around 05:19, the defendant found the victim C (the family name, the 26-year age), who was drunk in front of B building at permanent residence, using the defendant's operation DK7 car, taken the victim under EMourF when permanently residing in his/her own jurisdiction, went out of the victim's lower and panty, and raped the victim by having sexual intercourse once.

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

[Fact of the cause of probation order] On November 21, 2019, the Defendant was sentenced to five years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Daegu District Court (or quasi-rape), etc., and the judgment became final and conclusive on May 21, 2020, and was currently under probation, but was committing a sexual crime identical to the facts stated in the judgment in the judgment. The Defendant is likely to recommit a sexual crime in light of the background and method of the instant crime, Defendant’s age, environment, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement (No. 6, 44) to C (tentative name);

1. The following circumstances, which can be acknowledged by the evidence adopted and examined by this court, based on each of the CCTV-cape photograph, CCTV-cape photograph, crime scene photograph (the risk of re-offending at the time of market), and the evidence adopted by this court, namely, the Defendant committed the quasi-rape of the victim again even during the suspended execution period due to a sexual crime, as stated in the facts constituting the cause of the probation order, and the Defendant’s age, character and behavior, environment, and circumstances before and after the crime, etc. are comprehensively considered.

Application of Statutes

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

1. Attachment, etc. of an electronic device to a defendant under the proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;