A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On November 1, 2015, around 05:00, the Defendant discovered the victim E (the age of 22) (the age of 105) who was divingd due to the influence of alcohol around 105, Guro-gu Seoul Metropolitan Government D Apartment, and went to the Defendant’s residence in D Apartment 105 106 dong 106.

On November 1, 2015, at around 05:00 to 09:00, the Defendant had sexual intercourse with the victim by inserting the victim’s will and clothes temporarily under the influence of alcohol, and inserting the victim’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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. 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 three years but not more than 30 years;

2. Application of the sentencing guidelines [the types of decisions] The general criteria for sex offenses and the element of mitigation [the person subject to special sentencing] of the type 1 (special rape] (the person subject to punishment at least 13 years): Imprisonment with prison labor for not less than 1 year and 6 months and not more than 3 years in the area of mitigation of punishment [the scope of recommendation].

2. Determination of sentence: Imprisonment with prison labor for three years, the defendant committed a crime in his/her place of business without taking measures, such as reporting to the police station after finding a drunk victim, and the crime is deemed bad;

The victim seems to have been seriously shocked with the knowledge that she was raped.

However, there is no criminal history against the victim without wanting to punish the defendant.

The above circumstances are as follows.