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

The Defendant was working as a security guard of the Busan Jin-gu E commercial building, and the victim F (V, 65 years old) was working as a cleaning agent of the above commercial building from October 1, 2015.

On October 3, 2015, the defendant, the victim, and the building management center, etc. of the commercial building have provided meals together at the same time, and the victim went back to his/her house near the building guard room.

1. On October 3, 2015, at around 23:00, the Defendant: (a) knew of the fact that the victim was married at the lower part of the guards room of the above E commercial building; (b) took off the victim’s clothes; (c) took off the victim’s garment and panty gar; (d) took off the victim’s garment and panty; (c) took off the part of the victim’s arms booming her hand with her hand; and (d) took off the victim’s knee, her knee, and her knee, prevented the victim from taking off both arms of the victim’s knee, and her knee.; and (e) took rape once the victim.

2. On October 4, 2015, the Defendant: (a) went back to the place specified in paragraph (1) around 03:00; (b) went off from his own clothes; (c) prevented the Victim’s two arms from taking out in his own hands; (d) prevented the Victim’s two legs from turning out into one’s own knee; and (e) led the Victim to sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol of examination of the suspect to the prosecution or the police concerning the defendant (including the F substitute part);

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to each photograph, CD, recording record;

1. Article 297 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders.