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

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

Punishment of the crime

On April 14, 2019, the Defendant: (a) around the first half of 2019, Kakaokao Amthoth of the alcohol house located near Mapo-gu Seoul Metropolitan Government University through the open hosting room, and (b) fling and drinking together with the victim C (the 34 years old), who was under the influence of alcohol on April 15, 2019; and (c) fing with the victim under the influence of alcohol and the Defendant’s dwelling as the D Building E, the Defendant’s dwelling.

The Defendant, in the above residence, set off the victim's breath and clothes of the locked victim's breath while drunk, and the victim frighted from this frighting, her body, her body frighted, and her body, her hand boomed the victim, her head at once and once by hand, her boomed the victim with her hand, and her head at once, and her head was sexual intercourse with the victim. The Defendant got off his cell phone in order to report the breath and her head on the floor and the wall, and her head was drinking several times.

As a result, the Defendant had sexual intercourse with the victim by suppressing the victim's resistance, and had the victim engage in rape once, and had approximately two weeks of treatment, such as fingers, grandchildren, and other parts of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement of C;

1. An injury diagnosis report, a gene appraisal report, and a legal chemical appraisal report;

1. Application of the Acts and subordinate statutes concerning photographs, CCTV images, CDs, damaged photographs, and cellular phone photographs after capturing each CCTV image;

1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;

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. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.