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 is a university student, and the victim C(n, 21 years of age) is the first space through hosting.

On July 5, 2017, at around 19:00, the Defendant: (a) performed 3:3 hostings at the D’s drinking house located in the new village; (b) performed drinking alcohol several times; and (c) expressed that the Defendant, by reporting the victim’s desire to engage in personal affairs; and (c) expressed that the victim himself/herself will be able to engage in the conduct of the victim; (d) around 22:36 of the same day, the Defendant, at around 22:36, 402 “Fel” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (e) engaged in sexual intercourse by inserting the victim’s clothes in the form of inserting his/her sexual organ into the part of the victim.

Accordingly, the defendant was raped by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Each legal statement of witness C, G and H;

1. A witness I and each part of the court's own legal statements;

1. A report on internal investigation (related to the receipt of the case) and a report on internal investigation (related to the collection of kids in emergency cases of sexual assault);

1.CC-TV closure photographs and CD attachment, CCTV CDs, USB (road CCTV in the course of entry into and exit from the telecom, cab, etc.);

1. A gene appraisal report;

1. Written opinion with an woman in childbed;

1. The details of each communication, each K message, the K-cap photograph, and a recording book;

1. Receipt (D) and application of Acts and subordinate statutes on the use of guest rooms (Furel);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 an disclosure order and a notification order, 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 (the Defendant has no record of criminal punishment, the Defendant’s imprisonment with labor, registration of personal information, and orders to complete sexual assault treatment program is expected to have the effect of preventing recidivism, and other Defendant’s age, environment, family relationship, social relationship, characteristics of the instant crime, and disclosure order.