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

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

Punishment of the crime

On March 25, 2016, at around 22:25, the Defendant discovered the victim E (one’s name, half, and 32 years old) who was under the influence of alcohol on the front road of the D filling Station located in Guro-gu Seoul Metropolitan Government, and accessed the victim by using the crepans in which there is no fluence.

On March 25, 2016, at around 22:32, the Defendant, following the Seoul Guro-gu Seoul Metropolitan Government F building and led the victim who was unable to resist due to being drunkd due to the seat of the parking lot.

The Defendant, who was suffering by the victim, posted the stove to the chest of the victim, and put the Defendant’s hand into the clothes of the victim.

The defendant, on the brode of the victim, was in charge of the victim's chest on the part of the victim, exceeded all the panty of the victim, and added the victim's finger and panty to the part of the sound of the victim.

The defendant was in the body of his own self-defense and was under the circumstances of the defendant.

In this respect, the defendant put the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Analysis photographs of the on-site monitors (CCTV);

1. Application of Acts and subordinate statutes to report internal investigation (CCTV analysis);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than 30 years;

2. Application of the sentencing guidelines [Determination of Types] and the general criteria for sex offenses (subject to at least 13 years of age): Type 1 (General Rape) (Special Rape): Aggravating factors: Victims (decision of the recommended sphere) who are vulnerable to the crimes, and the aggravated area (decision of the recommended sphere).