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

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

Punishment of the crime

The defendant is the director of the "C" company located in the Dong Sea, and the victim D (name, leisure, age 28) is a person who served as an accounting employee in the above company.

The defendant, along with the victim and the workplace Dong E (33 ). On January 9, 2018, the defendant boomed the victim under the influence of alcohol at around 23:20 on January 9, 2018, and went back to the residence of the defendant in the Fudio in the East Sea.

At around 04:00 on January 10, 2018, the Defendant: (a) had sexual intercourse with the victim by taking advantage of such victim’s resistance impossibility condition; (b) had the victim’s sound and chest, and inserting the victim’s sexual organ into the victim’s sound part; (c) had the victim’s physical and mental loss or resistance impossibility condition; and (d) had sexual intercourse with the victim by taking advantage of such victim’s physical and mental impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Written response to a request for DNA appraisal;

1. Application of the Acts and subordinate statutes on photographs and CCTV photographs by cutting down a photograph, such as a photograph of the skin;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. 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 the disclosure and 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 (the fact that the defendant repents his/her misconduct, the fact that the defendant has no record of punishment for a sexual crime, and the completion of the sexual assault treatment program can prevent the defendant from repeating the crime;

In addition, considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the prevention effect of sexual crimes that can be achieved by such order, there are special circumstances in which the defendant's personal information may not be disclosed or notified.