A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On February 5, 2019, at around 06:30, the Defendant discovered the victim D (tentative name, age 23) under the influence of alcohol in the street near “C” located in Jeju-si, and had sexual intercourse by inserting the victim’s sexual organ into the victim’s sound part, after being off from the victim’s clothes in the building F at the Jeju-si, the Defendant’s residence.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A medical certificate and each gene appraisal certificate;

1. Application of related Acts and subordinate statutes;

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; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 Defendant’s age, criminal records, family relations, the background and process of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of the sex offense subject to registration that may be achieved thereby, and the protection of victims, etc. are considered to have the effect of preventing recidivism only with the Defendant’s sentence, the sentence of sentence against the Defendant, the program for treating sexual assault, the program completion, the employment restriction order, and the registration of personal information, and thus, the registration and submission of personal information are considered to be a sexual crime