A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 04:30 on September 23, 2019, the Defendant, while drinking in front of the “C” located in Yongsan-gu Seoul Metropolitan Government, found the victim D (the name, the age of 22) who sited with panty, and decided to have sexual intercourse with the victim, and, at around 05:0 on the same day, decided to have the victim sexual intercourse with the Embur in Yongsan-gu Seoul, Yongsan-gu Embur, Seoul, by drinking in the above telecomphere Fheading room at around 05:0 on the same day, the Defendant met the victim’s hair and the brue, who is in an unfluened state, boomed with the victim’s chest, and brud with the victim’s panty, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of witness G;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

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

1. A written statement of D;

1. A report on seizure, a written diagnosis of the list of seizure, records on the diagnosis and treatment of victims of sexual assault, an emergency clock for collecting evidence of sexual assault, and a report on investigation (the photographs of the body of the victim);

1. Investigation report (to hear statements from victims and on-site conditions);

1. Two copies of the report on internal investigation (including CCTV video in the location of occurrence), CCTV images in the telecom, investigation report (including CCTV images in the location of occurrence), and CCTV images in the telecom;

1. Investigation reports ( Results of verification of the database of information on verification of convicts, DNA source by the Supreme Prosecutors' Office), investigation reports ( Results of request for appraisal of cigarette butts, etc. collected at the site of the case), investigation reports on genes ( Results of legal evaluation of blood and urine of the victim), and legal chemical appraisal reports;

1. Application of Acts and subordinate statutes to an investigation report (as a result of the narcotics appraisal and gene appraisal on keys, etc. for the collection of sexual assault), gene appraisal report, and investigation report (as a result of the DNA identification data database search conducted by the Supreme Prosecutors' Office);

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

1. Judgment of conviction under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order