A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant and the victim C(n, 20 years old) are between the defendant and the victim who works in the same Korean-style public restaurant.

On May 6, 2016, the Defendant: (a) within the mutual influence room located in Bupyeong-gu Incheon Metropolitan City on May 6, 2016; (b) influencing that the victim of horses would have sexual intercourse with the victim by dividing the group of 6 illness in a flusium after the macing, and by dividing the group of 6 illness in a flusium; (c) flusing the victim into a nearby youth room; (d) flusing the victim into a nearby youth room, and

In other words, the term "influence" refers to the defendant, and the defendant was unable to resist, such as preventing the victim from having his/her ability to take a breath, even though he/she is against the victim, such as being pushed off and bruting the defendant, and sexual intercourse with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. The details of D, photographs of the victim, written consent of the victim of sexual assault, medical records of the victim of sexual assault, KIKO in an emergency to collect evidence of sexual assault, and response to the request for appraisal received with the defendant immediately after the crime was committed (emergency key of the victim);

1. The application of investigation report (the contents, etc. of the call with reference E), D contents sent by the victim to the branch from the hold toilet to the branch, investigation report (the suspect's response to the request for appraisal of the height of the house), investigation report (to hear the witness's E telephone statement), recording record preparation report, one tape recording of telephone conversations of the witness E, and the application of the Acts and subordinate statutes of telephone recording CDs;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons 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 disclosure 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 has no record of being punished as a sexual crime until now, and the Defendant has no record of being punished as a sexual crime in light of the content of the instant crime.