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

Punishment of the crime

At around 20:00 on June 14, 2015, the Defendant: (a) was sexual intercourse with the victim D (Woo, 20 years old; (b) was frightened to rape the victim while talking with the victim; (c) the victim was forced to be off his/her clothes; (d) the victim refused to do so; (c) placed the victim on the floor by putting the victim’s right hand hand and tightly cutting down his/her body; and (d) the victim was unable to resist by dividing the victim’s body with the Defendant’s body; and (e) raped the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Each investigation report (including data appended respectively);

1. Application of video CDs and field photographs statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the special circumstances in which the defendant is unable to impose an order to complete program on the defendant, considering all circumstances, including the fact that the defendant does not facilitate communication with a foreigner of Cambodia's nationality and that there is a high possibility of deportation from abroad after the execution of the sentence is completed in accordance with the Immigration Control

1. In full view of the following: (a) the Defendant appears to have committed the instant crime; (b) the Defendant appears to have been punished for a sex offense while staying in the Republic of Korea; and (c) the Defendant’s age, character and conduct, environment, family relationship, etc. are compared with the benefits and preventive effects expected by an order of disclosure or notification of registered information to the Defendant; and (d) the disadvantages and side effects therefrom are compared.