A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a university student who works as a cook of Lestop, and the victim B (the name, the age of 19) is a university student who has worked as a cook of Lestop and has worked as a student of Lestop.

At around 07:00 on June 28, 2019, the Defendant: (a) took a meeting with the Defendant on the part of the Defendant’s dwelling located in Sungsan-si, Sungwon-si; (b) took off the victim’s boom and clothes under the influence of alcohol with the Defendant; and (c) inserted his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of mental or physical disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to B (alias);

1. Statement made to D by the police;

1. A complaint;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (verification of location and moving route);

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. An order to disclose or notify registered information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure or notification order, 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 needs to be prudent in that it may have a significant impact on the Defendant, and it appears that the Defendant has no record of sex offense, personal information registration of the Defendant, and completion of sexual assault treatment program can have an effect to prevent recidivism by the Defendant. In addition, the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, criminal process, etc.