A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant drinks alcoholic beverages with four births, including the victim, in the family of the birth-gu E located in Busan, from around 17:00 on December 30, 2018 to around 17:00, while drinking alcohol with four births, including the victim.

In the indictment on December 31, 2018, the Defendant appears to have written the indictment “as of December 30, 2018.” However, from around 17:00 on December 30, 2018 to the indictment itself, the indictment itself contains the record that the instant crime was committed after commencing the drinking period from around 17:00 on December 30, 2018, and the date on which the victim reported the instant crime and the date on which the victim and witness make statements are made on December 31, 2018.” In light of the fact that the Defendant and his/her defense counsel led to the instant crime during the trial and stated that the instant crime was committed on December 31, 2018, the Defendant and his/her defense counsel did not suffer any disadvantage to the Defendant’s defense right, thereby recognizing the criminal facts by modifying the indictment partially as above.

At around 04:30, at the small room of the above C Apartment D, the drunk victim saw the appearance of the victim being frighten from the defendant's side, exceeded the victim's bridge and his/her clothes, and put three fingers into the victim's sexual flag.

As a result, the defendant committed an act of putting the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's mental disorder or resisting condition.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records and the statement of the police officer in B;

1. The receipt of a report on internal investigation (written response to a request for appraisal) and the application of Acts and subordinate statutes attached thereto;

1. Article 7 (4), (2) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Orders to disclose or notify personal information;