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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On September 19, 2011, the defendant reported a marriage with D on September 19, 201, and the victim E (the age of 20) is the children of the above D, and the children of the defendant.

On January 1, 2013, around 05:45, the Defendant had sexual intercourse by inserting the victim’s panty and panty panty in the Defendant’s dwelling room located in the Yongsan-gu Seoul Metropolitan City F1st, Goyang-gu, Goyang-si, the Defendant had sexual intercourse by inserting the victim’s salke in the Defendant’s dwelling room.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on resident registration;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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. The main sentence of Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Reasons for sentencing under the main sentence of Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Three years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor;

2. Application of the sentencing guidelines (determination of a type), general standards for sex crimes, rape (determination of the recommended area), rape by kinship (determination of the recommended area) - mitigated area: In the mitigated area of punishment (the scope of the recommended area): Three to five years (the scope of the corrected recommended punishment), three years and six months from June to June (the lowest limit of the applicable punishment).

3. Determination of sentence: The crime of this case in March 3, 200 is a case where the defendant has sexual intercourses with the victim who is a sheshel's father in a state of resisting because the defendant was diving, and the crime of this case is an object of sexual desire, which is bad and anti-humanity, and the victim and his family have received from the victim and their family members.