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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Punishment of the crime

around 03:55 on May 20, 2017, the Defendant: (a) had been working for the Defendant as an employee; (b) had been under the influence of alcohol and had the Defendant committed an indecent act by taking advantage of the victim E (influent, household name, 20 years old)’s resistance impossible condition; (c) opened an entrance without the said guest room; and (d) opened the entrance with the said guest room; and (b) had the victim’s fluent part under the supervision of the victim who was divingd on his bed on his bed.

Accordingly, the defendant invadeds on the room possessed by the victim, and commits an indecent act against the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E, F, and G;

1. CDs in the field photographs of the instant case, the CCTV images of the DNA circuit and the pictures and images thereof;

1. Application of Acts and subordinate statutes on internal investigation reports (with respect to the details of opening and closing of entrance doors, No. 306), and internal investigation reports (in addition to internal investigation);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 319 (1) of the Criminal Act, Articles 299 and 298 of the Criminal Act;

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. The main sentence of 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 Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s distorted sexual impulse revealed through the instant crime appears to have been significantly improved by the enforcement of the principal sentence and incidental disposition imposed on the Defendant. Otherwise, the Defendant’s age, family environment, social relationship, occupation, history and consequence of the instant crime, the degree of disadvantage and anticipated side effect of the Defendant’s injury due to the disclosure order.