A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to imprisonment for a crime of larceny, computer, etc. at the Seoul Northern District Court (Seoul Northern District Court) for ten months and the judgment became final and conclusive on February 12, 2016.

The Defendant, while advertising the object of committing a crime with intent to steals money and valuables for the inmates who reached a subway 6 line E, used on June 7, 2015, around 07:00 on the electric car that passed E and around June 7, 2015 to prevent the victim F (V, 20 years of age) from suffering from theft in the subway, used that he was under the influence of this alcohol, provided the victim with a situation in which he was able to see theft in the subway, provided the victim with a report on behalf of the police, and provided the approaching alcohol instead of the police.

No. 30

The Defendant: (a) induced the victim as above; (b) while drinking alcohol together with the victim at the G sugar house; (c) went to the guest room in Seongbuk-gu Seoul Metropolitan Government, around 08:44 on the same day, the victim was in the remaining mental and physical condition of drinking alcohol, which led to the victim’s mental and physical loss.

The Defendant, at around 15:00 on the same day, excluded all the load of the victim, taking advantage of the state of influence impossibility of resisting the victim, and has sexual intercourse with another victim who was on the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Images of CCTV CDs;

1. Previous convictions in judgment: Application of the text of judgment and written inquiry about criminal history, respectively;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.