A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 23:00 on February 12, 2013, the Defendant, from “F” located on the second hotel in Yongsan-gu, Yongsan-gu, Seoul, for the introduction of G, had the victim H (n, 27 years of age) and alcohol first met with the introduction of G, and forced the victim to take the above hotel care of the victim, and forced the victim to take the above hotel, and had the victim rape on February 13, 2013. At around 01:00 on February 13, 2013, the Defendant went off the clothes of the victim who was unable to resist due to alcohol in the lake room on the 7th hotel floor in Yongsan-gu, Yongsan-gu, Seoul, and raped two times of sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness H’s legal statement;

1. Relevant Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012);

2. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) before order to complete a program;

3. Examining the circumstances in light of Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Crimes [1], the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no record of criminal punishment prior to the crime in this case, and the defendant’s character and behavior, etc. are difficult to deem that the defendant has the habit of sexual crimes or has no risk of recidivism, and thus, there is no need to impose security measures, such as an order to disclose or notify personal information on the defendant. ② On the other hand, if the defendant’s personal information is disclosed or notified, the degree of infringement on the defendant’s legal interests against the defendant, and ③ the defendant’s social relationship is relatively clear, etc.