A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

【Criminal Power】 On April 16, 2012, the Defendant was sentenced to one year and six months in the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on July 8, 2013.

【Criminal Facts of Crimes】 On October 2013, the Defendant became aware of the same student C (the age of 20) while attending the education program on the job success program conducted by the Busan District Office of the Korea Rehabilitation Agency.

At around 03:00 on November 12, 2013, the Defendant exceeded the victim’s will and panty panty, and inserted the Defendant’s sexual organ into the part of the victim’s drinking room 205, E Inncium 205 located in Busan, Seo-gu, Busan, by drinking the victim’s male-friendly arrest F and drinking with the victim, and drinking with the victim at the bed.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's mental condition of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, reporting on results of confirmation, investigation reports (verification of criminal records), copies of judgment, and application of Acts and subordinate statutes to the status of personal identification and confinement;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence;

1. The Defendant’s personal information is disclosed in full view of all the circumstances, such as the benefit expected by the Defendant’s disclosure and notification order and its effectiveness, disadvantages and side effects, etc., that are favorable to the grounds for sentencing, such as the Defendant’s absence of records of sexual crime, etc., and the circumstances that are favorable to the grounds for sentencing, and the circumstance leading up to the instant crime, the victim’s relation, etc., under the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order.