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

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

Punishment of the crime

On June 13, 2018, the Defendant, at the Defendant’s house located in Gwanak-gu, Seoul Special Metropolitan City, carried in drinking together with the Victim D (Influence, name, 23 years of age) who was fluenced in drinking house, and fluenced with them to rape the victim who was flucing in drinking house at the Defendant’s house at the Defendant’s house at the Defendant’s house at the Defendant’s house at Seoul Special Metropolitan City.

At around 06:30 on the same day, when the drinking place has been terminated, the Defendant dumped the victim kids while under the influence of alcohol on the part of the ward, and panty off the victim's kids and panty, and put the victim's fingers into the sound part of the victim, and continuously put the victim's breasts into the part of the victim's fingers, regardless of the victim's fingers, and inserted the victim's fingers into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Entry of the defendant in part of the protocol of the first preparatory hearing;

1. Statements made by witnesses D in the first trial records;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Details of communication between the suspect and witness C;

1. A report on investigation (a response to a report on investigation and on the results of appraisal by a State);

1. Application of Acts and subordinate statutes to investigation reports (related to response to requests made by countries for appraisal), and legal chemical appraisal reports;

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

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);

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;