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

1. Around 18:00 on February 29, 2016, the Defendant, at a cafeteria located in the D market located in Gangdong-gu Seoul Metropolitan Government, carried the victim E (the family name, the 44-year old age), who is a partner of the workplace, drinks with drinking, and continuously carried the drinking by neighboring singing, and continued to carry the breath of drinking by moving the drinking to a non-softel located in the street of Gangdong-gu Seoul Metropolitan Government.

At around 22:00 on the same day, the Defendant: (a) lost the mind of alcohol in the her motherel; (b) laid off the victim in a state of failing to resist due to sleep on a bed, laid off his clothes in the bed; and (c) took one time of sexual intercourse, and quasi-rapeed the victim.

2. 강간 계속하여 피고인은 전항 기재 일시 및 장소에서 피해자가 잠에서 깨어나 눈을 떴지만 몸을 제대로 가누지 못하는 상황을 이용하여 ‘하지 말라’고 애원하는 피해자의 몸 위로 올라가 피해자의 어깨와 손을 잡아 반항을 억압한 다음 1회 간음하여 피해자를 강간하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E (the identity of a victim);

1. Application of each text message (Evidence No. 18, 55 pages) Acts and subordinate statutes;

1. Article 297 of the Criminal Act applicable to the crime, Articles 299 and 297 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed for rape with heavier penalty);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any history of criminal punishment for sexual crimes before committing the instant crime, and social ties are clear in light of occupation, residence, and family relationship.