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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

1. A quasi-indecent act by compulsion on September 13, 2017, the Defendant discovered the victim D (one, two-year olds), who was seated in the Cheongju-si Cheongju-si B, 'C Facility', and was seated later (one, two-years olds), and the victim was bread around the victim and kid on the part of the victim by drinking.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. From around 23:00 on September 13, 2017 to 05:00 on the following day, the Defendant: (a) was drunk in the guest room in the Cheongju-si, “Fel” in the Cheongju-si, Cheongju-si; (b) was placed on the part of the victim who was unable to resist; (c) was deprived of the victim’s clothes; (d) was set off on the part of the victim’s body; and (e) was sexual intercourse by inserting the sexual flag on the part of the victim’s body into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph by cutting down the details of a suspect's and a letter conversation with him/her);

1. Relevant legal provisions concerning the facts constituting an offense and Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Articles 299 and 297 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments prescribed for the crime of quasi-rape heavier than the punishment) among concurrent crimes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure, notification, and employment restriction 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, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018), the former children and juveniles.