A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a space between the victim B (the family name, the female age, the age of 26) and the victim B from the end of December 2016 to March 2017.

Around 01:00 on February 9, 2019, the Defendant exceeded the victim’s under the influence of alcohol at the victim’s residence in the Dongjak-gu Seoul Metropolitan Government (Seoul) and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Legal statement of the witness B (tentative name, victim);

1. A protocol concerning the examination of partially the defendant's prosecution;

1. The details of report and consultation;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes to the investigation report (related to friendly D currency of the complainant);

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

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 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 sentence imposed on the defendant, the completion of a sexual assault treatment program, restrictions on employment and the registration of personal information appears to have an effect to prevent recidivism of the defendant to a certain extent; the defendant's age, occupation, risk of recidivism, type of the crime in this case, motive, process of the crime in this case, disclosure notification order, the degree of disadvantage and anticipated side effects of the defendant's injury caused by such disclosure order, the prevention of sex crimes subject to registration, and the effect of protecting the victims shall be considered to have not been disclosed and notified).

1. Determination on the assertion of the Defendant and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act.