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

The defendant is a victim B (n, 25 years of age) and a relative of the fifth degree of relationship.

On July 29, 2019, at around 00:30-03:30 on July 29, 2019, the Defendant, at the victim’s house located in Seocho-gu Seoul Seocho-gu Seoul, committed an indecent act by force against the victim by forcing the victim to deviate from the Defendant’s inner part of his sexual organ as the victim resisted against his/her inner part of his/her sexual organ.

Summary of Evidence

1. Legal statement of the witness B;

1. Application of Attachment (Kakao Stockholm messages) legislation;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act

1. The defendant and his defense counsel asserted that at the time of the crime of this case, the defendant and the victim had a natural friblance under the influence of alcohol, and that they only come out of the house by stating that the defendant himself would go to the house by himself.

2. The evidence revealed as follows, i.e., ① the victim made a statement from the defendant to the investigation agency and this court that he had committed an indecent act as stated in the crime. The victim's statement is acknowledged as credibility in the statement in light of the following circumstances: (i) the victim's house at the time; (ii) the circumstances leading up to the victim's indecent act; (iii) the details and methods of the indecent act committed by the defendant; (iv) the victim's perception and response methods at the time; and (v) the details of the victim's report to the police; and (v) the victim's attitude and attitude in the court.