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

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

Punishment of the crime

The defendant and the victim C (n, 20 years of age) are those in the same restaurant and they became aware of.

On June 16, 2016, from around 22:00 to around 02:00 of the following day, the Defendant drank with the victim after leaving his house, and dacted with the victim who was unable to find his mind because he dacted, and dacted with 301 of the Eel located in Daegu-gu D.

At around 03:00 on June 17, 2016, the Defendant: (a) reported the victim, who was frighting to sleep, and was able to do so; (b) had sexual intercourse with the victim’s will and clothes; and (c) had sexual intercourse with the victim’s will and clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each gene appraisal document;

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. 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 an order to disclose or notify, and 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 (no sex offense has been committed against the accused, and in light of the circumstances leading up to the instant crime, relationship with the victim, etc., the accused has the risk of recidivism or recidivism of sexual crimes;

It is difficult to conclude that only the registration of personal information, and the completion of a sexual assault treatment program can have the effect to prevent recidivism by the defendant to a certain extent.

In full view of other circumstances, such as the profits and preventive effects expected by an order of disclosure or notification, and the disadvantages and side effects resulting therefrom, the special circumstances in which the personal information of the defendant may not be disclosed or notified.