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

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

Criminal facts

At around 09:00 on February 18, 2018, the Defendant joined the same day at the Gangnam-gu Seoul Embel, Seoul, and added the Defendant’s sexual organ into the victim’s sound book by taking advantage of the following: (a) the victim D (one’s name, other person, and 33 years old) under the influence of alcohol and was unable to resist due to sleep; (b) exempted the victim’s clothes; and (c) inserted the Defendant’s sexual organ into the victim’s sound book; and (d) as such, the Defendant again inserted the locked Defendant’s sexual organ into the victim’s sound book.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and D;

1. A criminal investigation report (Submission of data), a criminal investigation report (CCTV verification), CCTV CDs, and a criminal investigation report (verification of details of receipt);

1. The application of Acts and subordinate statutes requesting an investigation report and an appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; 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 did not have any history of criminal punishment against a sexual crime; in light of the details, methods, and patterns of the instant crime, the Defendant’s penal punishment, registration of personal information, and completion of sexual assault treatment programs can expect the effect of preventing recidivism to a certain extent.

(b) other.