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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Criminal facts

around 23:00 on February 15, 2013, at the house of the victim E (n, 44 years old) in his de facto marriage with D, a land located in Nam-gu Busan Metropolitan City, and his wife E (n, 44 years old). D, while drinking alcohol together with D, D, in the inside and outside of D, prevented the victim from benefiting with D from taking the victim’s desire with D at around 01:00 on the following day when D, and then, “I am fighting with her husband, so I would like to get off the husband, so that the victim could not resist, by putting the victim’s hand to the her husband, so that the victim could not resist, and the victim was forced to do so, and the victim was unable to resist again, and the victim was sexual intercourse with D, making the victim off the clothes of the victim, and made sexual intercourse once.

Accordingly, the Defendant raped the victim as above.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made with respect to E and D;

1. Complaints of E preparation;

1. Application of Acts and subordinate statutes to report on investigation (the collection of victims);

1. Article 29 of the Criminal Act (see Supreme Court Decision 70Do1516, Sept. 29, 1970) comprehensively covers the pertinent legal provisions on criminal facts

1. Article 16(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (amended by Act No. 11556, Dec. 18, 2012) and the main text of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Personal information is personal in light of the Defendant’s age and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the Defendant due to such disclosure order, the preventive effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., as a whole, of Article 37(1) proviso and proviso of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).