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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a victim B (n, 23 years of age) and a middle school building.

Around 19:00 on December 25, 2018, when the Defendant drinking alcohol with a person, including the victim, and the victim drinking alcohol. Around 00:52 on December 26, 2018, the Defendant her sexual intercourse with the victim, she took the victim into custody of the victim’s clothes during the period of Ansan-si, and was under the influence of alcohol, and she was sexual intercourse by inserting the victim’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order; prevention of sex crimes subject to registration; and effects of protecting victims)

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 2019, 11, 26, and 16622); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The sentencing criteria shall be based on; and