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

On February 21, 2018, at the defendant's house located in Dobong-gu Seoul Metropolitan Government C and B01, the defendant exceeded the victim D (V, 45 years of age) under the influence of alcohol, and had sexual intercourse with the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of investigation report (emergency response to requests for appraisal) Acts and subordinate statutes;

1. Article 299 of the Criminal Act, Article 297 of the Criminal Act concerning the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

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 order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no record exists that a defendant has been punished for a sexual crime);

It can be effective to prevent recidivism even with the registration of personal information on the accused and the completion of sexual assault treatment programs.

I seem to appear.

In addition, the defendant's age, occupation, family environment, social relationship, method and result of the crime, preventive effect expected by the disclosure order or notification order, disadvantage and anticipated side effects of the defendant's entry, protection effect of the victim, etc. are considered comprehensively, there are special circumstances in which the defendant's personal information shall not be disclosed or notified.

The reason for sentencing

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] shall be the general criteria for rape (subject to at least 13 years of age). There is no one type (general rape) (subject to special sentencing] of the crime of rape (the scope of recommended punishment] (the scope of recommended punishment] from 2 years and 6 months to 5 years (the basic area).

3. The crime of this case, which was determined to be sentenced, is that the defendant drinks alcohol together, and the body of the defendant is cut down as it is difficult to do so.