A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On May 5, 2017, the Defendant, at around the same time, 2017, performed drinking together with the same alcohol together with the victim B (the victim B, 20 years of age), and then, on May 5, 2017, entered his sexual organ into the part of the victim’s drinking room with the victim’s 508 room located in Daegu Northern-gu, Daegu-gu, Seoul-gu, on the part of the victim, on the part of the victim, on May 5, 2017.

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

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of the witness B;

1. A report of investigation (Attachment to CCTV images and caps installed inside and outside the DNA telecom) and a photograph by capturing a course;

1. Application of Acts and subordinate statutes to investigation reports (written response to requests for appraisal by the National Institute of Scientific Investigation);

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. Article 47(1) and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; and Article 49(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for a sexual crime, and has no record of committing a sexual crime, and is recognized and against the defendant, personal information of the defendant and the completion of a sexual assault treatment program can prevent re-offending by the defendant;

In full view of the following circumstances: the Defendant’s age, occupation, sex, family relationship, social relationship, the background of the instant crime, and the circumstances after the commission of the crime, etc., disclosure order and notification order are relatively less likely to be achieved than the disadvantages and anticipated side effects of the Defendant.