A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Punishment of the crime

Around 01:00 on January 20, 2014, the Defendant saw drinking together with a friendly tool (including the victim G, 21 years of age), including the victim G, in Fpenta located in Chungcheongnam-gun E, and tried to see the victim who was locked under the influence of alcohol in the second floor of the penta, and sexual intercourse with the victim by inserting his panty and brogate into the victim’s sexual organ into the victim’s sexual organ and inserting it once, with the victim’s her sexual organ inserted into the victim’s sexual organ and sexual intercourse.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

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. In full view of the following circumstances: (a) there is no other criminal record of the Defendant exempted from the disclosure order and notification order; (b) the Defendant discovered that the Defendant was under influence of alcohol while drinking and appears to have caused the instant crime by contingently; and (c) the Defendant’s age, occupation; (d) the benefits and preventive effects expected by the disclosure order or notification order of the instant case; and (e) any disadvantages or side effects therefrom, the mere fact that the instant crime was committed is likely to cause sexual assault to the Defendant or repeat a crime.

It is difficult to deem that there is a need to impose a disposition such as disclosure notification order, which may significantly affect the rehabilitation of the defendant.

Therefore, there is a special circumstance in which a defendant shall not disclose personal information under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is applicable mutatis mutandis under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc.