A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On May 1, 2015, from around 02:30 to around 04:12, the Defendant discovered the Victim K (one year old, 21 years old) who was drunk in the street in Daegu Suwon-dong, and transferred the victim to a non-felel guest room in Daegu Suwon-dong, and had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim by using the victim's breath state of impossibility to resist by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness K in Korea;

1. A written statement F and L;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (including attached materials, including Nos. 10, 14, 15, 17, 18, 20, 21, and respective attached materials), a case handling table of 112 reported cases, an investigation report (Evidence No. 28 of the Evidence List);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to readily conclude that there is a danger of sexual assault and recidivism against the Defendant as the Defendant did not have any record of punishment for sexual assault before the instant crime was committed. In addition, comprehensively taking account of all the circumstances such as the disadvantage and anticipated side effects that the Defendant may suffer due to the employment restriction order and the Defendant’s age, occupation, family environment, social relationship, motive, means, and consequence of the instant crime, etc., it is deemed that there is a special reason not to issue an employment restriction order against the Defendant and his/her defense counsel.)

1. Whether the facts charged are specified

(a) argument;