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

At around 08:00 on April 14, 2018, the Defendant: (a) committed sexual intercourse with the victim, who was able to rape the victim, who was expected to be drunk in the OO of the D Building D, which is a residence of the victim C (Inn, 19 years of age) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) went off the victim’s clothes and clothes; and (c) took off the victim’s clothes and clothes; and (d) took off the victim’s shoulder with the other hand, the Defendant committed sexual intercourse with the victim at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Recording records;

1. A criminal investigation report (a written statement submitted by the victim and a conversation to close the contents of conversation, etc.) and accompanying documents;

1. Application of Acts and subordinate statutes notifying the results of appraisal (electronic analysis);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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 Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and pleadings of the instant case, and other benefits and effects expected by the disclosure or notification order of the instant case, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be given,

1. Determination of the assertion of the Defendant and his/her defense counsel as to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the main text of Article 56(1) and Article 56(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), and the defense counsel have sexual intercourse with the victim.