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

On September 10, 2016, at around 07:00, the Defendant exceeded the clothes of the victim C (here, 18 years of age) who was under the influence of alcohol in the guest room in Gangseo-gu Seoul, Gangnam-gu, Seoul, and was unable to resist, and had the victim dance with the victim's name and the chest, and had sexual intercourse once with the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness C and D (Provided, That it is part of D);

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on medical fees, medical expenses calculation sheets, victim tables, records of requests for emergency support, and details of settlement of suspect cards;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Public Disclosure and Notice Orders and the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders; 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities has no criminal record of a sexual crime; and there is a criminal

The fact that it is difficult to readily conclude that there is a risk of recommitting a sexual crime, the fact that only the sentence of imprisonment to the defendant, the completion of a sexual assault treatment program, and the registration of personal information can have an effect to prevent the defendant from repeating a sexual crime.