A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On December 15, 2016, at around 20:30 on December 15, 2016, the Defendant was in the Gwanak-gu Seoul Special Metropolitan City D’s main point of “E,” where the Defendant was an employee, and the Defendant was a victim F (the 29 years of age), who was aware of the Defendant’s working as a customer, and was under the influence of drinking and drinking, and became married, on December 16, 2016, the Defendant continued to divide the victim into two parts of “Hel” 304 in Seoul Special Metropolitan City, Seoul Special Metropolitan City, by taking care of the victim on December 16, 2016, after the completion of the remaining work on the said “E”, and then, around 06:15, 2016, the Defendant continued to engage in rape with the victim, who was under the influence of alcohol in the above 304 room, so that the victim may not have sexual intercourse with the Defendant’s hand.

Summary of Evidence

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

1. Statement made by the police with respect to F;

1. The screen and guest room photograph, the victim and the defendant's human text message pictures, and the Hel CCTV CDs on the screen and guest room time;

1. Legal and chemical appraisers and gene appraisers;

1. Application of Acts and subordinate statutes to a report on investigation (field of crime and CCTV investigation);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. In light of Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of criminal punishment for a sex offense, the defendant is divided into and against his/her mistake, and the defendant’s age, occupation, family environment, social relationship, etc. recognized on the record, the defendant’s personal information registration and the completion of sexual assault treatment program against the defendant is prevented.