A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

around 16:00 on May 5, 2015, the Defendant, while drinking alcohol together with the Victim FF (the age of 22) who was aware of in the course of performing the work at the joint wholesale market of livestock products, had sexual intercourse with the victim’s mind that the victim would have sexual intercourse with the victim by taking advantage of the victim’s resistance impossibility condition and inserting the victim’s clothes, she exceeded the victim’s clothes and inserted his/her sexual organ into the victim’s negative organ once.

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

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of witness F;

1. Statement made by the police with respect to F;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

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. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, previous convictions, and risk of recidivism, as well as the benefits and preventive effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, in full view of the following:

In a case where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to the competent agency pursuant to

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the assertion was that the defendant had sexual intercourse with the victim at the time.