A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On March 5, 2016, around 02:30 on March 5, 2016, the Defendant discovered the victim D (name, 25 years old) who was drunked in the front of Mapo-gu Seoul Metropolitan Government, and was able to rape by taking advantage of the victim's mental and physical loss condition, and went the victim into the taxi's residence in Yangcheon-gu Seoul Metropolitan Government E.

Then, at around 03:00 on the same day, the Defendant placed a victim who was in a mental disorder in his/her residence on a bed, with a single sexual intercourse.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D (alias) and F;

1.Calk, Meba

1. Application of Acts and subordinate statutes to each investigation report (verification of crime scene), (based on the results of CCTV analysis) (based on the request for appraisal);

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 disclosure and notification orders; Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the Defendant; thus, the following circumstances recognized in the record, namely, the Defendant is the primary offender; the Defendant recognized the instant crime; the Defendant reflects his mistake; the Defendant’s personal information registration and the completion of sexual assault treatment programs can prevent recidivism to a certain extent.

Considering the above circumstances comprehensively, there are special circumstances in which disclosure of personal information to the defendant shall not be disclosed.

The reason for sentencing

1. The scope of the recommended sentence in accordance with the standard of sentencing [the scope of the recommended sentence] general standard of rape (subject to not less than 13 years of age) is the basic area (not less than 2 years of age and 6 years of age).