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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On October 15, 2014, at around 06:30 on the Seo-gu Incheon Metropolitan City C building rooftop, the Defendant exceeded the victim’s will and panty by making use of the victim’s condition of mental disorder, under the influence of alcohol, and raped the victim’s sexual organ by inserting it into the victim’s negative part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim D police officer;

1. A list of objects taken as a result of the medical examination of victims of sexual assault;

1. The application of Acts and subordinate statutes to the internal investigation report (a letter of fact at the scene of crime, CCTV verification, hearing of victim's statement), care at the scene of victim's preparation (one sheet), field photo (one sheet), investigation report (the result of appraisal by the National Scientific Investigation Institute, Seoul Scientific Investigation Institute), inquiry report (the result of appraisal by the National Scientific Investigation Institute), inquiry request (H-16303.24), and written appraisal request (one sheet);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing of a defendant's personal information shall not be disclosed or notified in full view of his/her age, occupation, family environment, social ties, previous convictions, and other various circumstances, such as the effect expected by the disclosure order or notification order of this case, disadvantage and side effects of the defendant's personal information of this case, and the reason for sentencing of a defendant's personal information shall not be disclosed or notified, in addition to the following circumstances:

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. The sentencing criteria shall not apply to the accused who is a juvenile at the time of prosecution.

3. Determination of sentence: The defendant shall be female nationals in this case, two years and six months, and 80 hours after order;