A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On May 9, 2018, at around 22:00, the Defendant: (a) got off the victim D (one-year-old, 19 years-old) who was first sent through a string 4th underground floor “C” of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul (one-year-old, 19 years-old) from the victim’s seat, etc., in a state of her ability to resist due to alcohol and to resist; and (b) was in sexual intercourse once with the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police in relation to D;

1. Suspect photographs and E dialogue contents, and each request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (referring to a report on results of appraisal by a State);

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

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

1. An order to disclose or notify, or an order to disclose or notify an employment restriction: Exemption from an employment restriction order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 15352; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 56 (1) (proviso) of the former Act on the Protection of Children and Juveniles from Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 15904; Article 12 of the Addenda to the Act on Welfare of Persons with Disabilities; Article 59-3 (1) (proviso) of the Act on Welfare of Persons with Disabilities; Article 50 (1) of the Act on Welfare of Persons with Disabilities;