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

On February 19, 2016, around 07:30 on February 19, 2016, the Defendant stated two persons in the indictment, which is a branch of the DMocom 103, located in Sinsan City, as a middle school, but the Defendant stated at the investigative agency that the Defendant was “Dong Dongdong” (Evidence No. 10 pages), and the Defendant also stated that the victim was “her female her female her mother” (Evidence No. 44 pages of the evidence record), thereby correcting it ex officio.

The drinking of alcohol, such as the victim E (one person, the other person, the age of 25).

The victim lost his mind in the influence of alcohol, and the locked and the defendant exceeded panty and panty of the victim, and had sexual intercourse once by inserting her sexual organ into the negative part of the victim.

Accordingly, the Defendant raped the victim by taking advantage of the state of the victim who was unable to resist under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a report on investigation (a list of evidence Nos. 1, 7, 8, 10);

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. In light of the following: (a) the Defendant has no record of having been punished for a sex offense; (b) the background leading up to the instant crime; (c) the Defendant’s relationship with the victim; (d) the Defendant’s age, character and conduct, family environment, and social relationship, etc., it is difficult to readily conclude that the Defendant has the recidivism or recidivism risk of a sexual crime; and (d) comprehensively taking account of the social benefits expected by the disclosure order and the notification order; and (e) the effect expected by the prevention of a sexual crime and the disadvantages and anticipated side effects of the Defendant.