A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant, as the president of the Dental Institute in Daegu-gu, is a person who operates the said Institute, and the victim E (the age of 22) was employed as an English instructor of the said Institute around January 5, 2015.

On January 15, 2015, the Defendant proposed that “I have the right to return to a society where he gets a death.” From 22:00 on the same day to 03:30 on the following day, the Defendant dices alcohol together with the victim at the singing point of the trade name of “G” in the vicinity of Daegu Suwon-gu F and at the singing point of “H” and “H”.

After that, the Defendant stated that “I will move to the house” to the victim, and had the victim shot on the Defendant’s car, and had the victim feel sexual intercourse with the victim by taking the victim shot to the telecom.

Therefore, the Defendant, at around 04:00 on January 16, 2015, lost the spirit of alcohol in Seo-gu, Seo-gu, Seo-gu, Yel 309, and exceeded all the clothes of the victim who was locked, and had sexual intercourse once with the victim by inserting his sexual organ into the victim’s sexual organ.

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. Statement by the defendant in court;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to written appraisal;

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 an order to disclose or notify information, 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 [it is difficult to readily conclude that the defendant has a risk of recommitting a sexual crime in light of the circumstances leading up to the crime indicated in the record, Defendant’s age, family environment, social ties, punishment records (no sexual assault record exists, nor relation with the victim, etc.)], and