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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

At around 17:00 on October 15, 2016, the Defendant first attended a meeting of the Niber Cafa Association called "C" that the Defendant joined as a member of the Defendant, and first considered the victim D (n, 40 years of age).

On October 15, 2016, at around 23:40 on October 15, 2016, the Defendant participated in the above club events in the Fpenta Lake, Seo-gu, Daejeon, Seo-gu, Daejeon, and found the victim under the influence of alcohol, and reported that the victim was unable to be aware of under the influence of alcohol even though he was her chestd with the victim’s clothes, and that the Defendant had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for sexual crimes, and the Defendant is anticipated to have no record of being punished for sexual crimes, and the Defendant’s personal information registration and the completion of a sexual assault treatment program are anticipated to have an effect to prevent recidivism, there are special circumstances that may not disclose or notify the Defendant’s personal information.

I think)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The basic area (two to five years from June to five years) of the type of rape (general rape) according to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] general standards, and the basic area (the scope of the recommended punishment shall be at least 13 years) of the punishment of rape;

3. Determination of sentence: The fact that the defendant in two years and six months, who had been sentenced to imprisonment, seems to have led to the confession of and reflect against the crime in this case, shall be considered as a traffic crime;