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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

around 01:40 on November 5, 2013, the Defendant discovered the victim E (at the time, 57 years old) under the influence of alcohol in front of the “D,” located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant laid off the victim’s clothes from 203, and inserted the victim’s sexual organ into the part of the victim’s sound.

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. Each legal statement of witness E and F;

1. Investigation report (CCTV analysis);

1. An appraisal report (I) and a gene appraisal report;

1. Data to capture the dynamics of crimes;

1. The CD (hereinafter the Defendant’s crime of this case is denied, but the Defendant’s criminal facts can be found based on the statements of the victim and the operator of the DNA, the CCTV images, etc.

Application of Statutes

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant constitutes a person subject to registration of personal information in accordance with Article 43 of the same Act.

Reasons for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The basic area of rape (general rape) of the range of punishment recommended according to the sentencing guidelines, and two to five years of imprisonment; and

3. The victim shall have a substantial mental disability due to the case of this decision of sentence; and