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 July 12, 2017, the Defendant, in concert with the Victim F (M, 19 years old) F, which was first considered in the Daejeon Jung-gu, Daejeon, Daejeon on July 12, 2017, performed drinking, and the Defendant, when the Defendant was in a state that he did not satise the body by drinking the victim, was willing to have sexual intercourse with the victim.

The Defendant, from around 03:00 to around 08:00 on the same day, had sexual intercourse by inserting the victim’s sexual organ into the part of the victim’s sexual organ in a state of resistance impossible due to the unknown room in the same Gu’s room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. Complaint;

1. Each police statement made to J, I, and F;

1. Application of the detailed photographs of cards used by the victim on the same day and the Acts and subordinate statutes at the place where the victim quasi-rapes the victim;

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, 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 (the defendant has no same criminal record and thus is at risk of recidivism or recidivism of sexual assault due to the absence of such criminal record;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent through the registration of personal information on the defendant and the program completion order for sexual assault treatment programs.

In light of other circumstances such as the defendant's age, occupation, environment, social relationship, details and motive of the crime of this case, method and result of the crime of this case, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

3) Determination of the argument of the defendant and defense counsel

1. The summary of the argument is that the Defendant did not have sexual intercourse with the victim who was in an impossible state of resistance, but only has sexual intercourse with the victim under an agreement with the victim.

2. Determination

A. The relevant legal doctrine is the court.