A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Punishment of the crime

At around 05:00 on May 17, 2015, the Defendant drinking alcohol together with the victim D(n, 24 years of age) located in Gumi-si C, 2015. On the part of the victim, the Defendant left the victim’s chest and pande the victim’s panty, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the police against D;

1. Application of investigation report (E telephone investigation) (In full view of the consistent and detailed statements made by the victim, the relationship between the defendant and the victim, the circumstances leading to the occurrence of the instant case, and the circumstances after the crime, etc., it is recognized that the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, family environment, social ties, criminal records, and risk of recidivism recognized in the record; and (c) the Defendant appears to have committed the instant crime somewhat contingently; and (d) other circumstances, such as the benefits and effects expected by the disclosure order or notification order of this case; and the disadvantages and side effects therefrom, there are special circumstances where disclosure or notification of the Defendant’s personal information may not be made.

The reason for sentencing is as follows.