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 80 hours.

Punishment of the crime

On February 18, 2019, at around 04:30, the Defendant, at the Defendant’s house located in Jung-gu Seoul Metropolitan Government B B lending C, placed the victim D (the name of the Defendant, the 20-year age), who is a working partner of the Defendant, under the influence of alcohol, on a bed room at a bed, and placed the victim’s body off, under the influence of alcohol, and then put the victim’s body into the part of the victim’s sound.

Accordingly, the Defendant, under the influence of alcohol, has sexual intercourse with the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation (verification of CCTV at the place of crime), a report on investigation (with respect to the contents of E-mail of witnesses), and a report on investigation (with respect to the blood spanty of the injured party);

1. Application of the CD-related Acts and subordinate statutes to B CCTV images and B CCTV images;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse: The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Welfare of Persons with Disabilities; it is difficult to readily conclude that a defendant has a risk of re-offending of a general sexual crime, such as that the defendant has no record of punishment for a sex crime; the defendant can expect the effect of re-offending only by issuing a sentence; and the defendant’s age, family environment, social relationship, disclosure and notification order, and employment restriction order shown in the argument in this case.