A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 20, 2018, the Defendant and the victim B (the age of 31) worked in the same company, and the Defendant, around November 20, 2018, called, “the victim will move back to the telecom with the victim and move the taxi to the telecom with the victim, after completing a general meeting of the company in the vicinity of the Incheon Seo-gu, Seo-gu, Incheon Metropolitan City.”

At around 01:00 on November 8, 2018, the Defendant, on the part of the Defendant, placed the Defendant’s sexual flag on the part of the victim’s shoulder, citing the two legs of the victim, under the influence of alcohol, and put the Defendant’s sexual flag into the part of the victim’s resistance.

이에 대하여 피해자가 통증을 느끼고 피고인을 밀쳐내자, 피고인은 계속하여 피해자의 뒤에서 피해자의 항문에 피고인의 성기를 넣으려고 시도하고, 피해자의 젖꼭지를 피고인의 입으로 빨았다.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s state of non-performance of defense.

Summary of Evidence

1. Each legal statement of witness B and F;

1. The prosecutor's statement concerning G;

1. Each police statement concerning B and F;

1. B written statements;

1. Request for a gene appraisal report and a gene appraisal report;

1. Investigation report (Investigation of recorded files made by a victim and a suspect on telephone conversations);

1. Results of reproduction and viewing of CCTV images CDs;

1. Application of Acts and subordinate statutes on the closure screen and H dialogue;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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 do not have the record of punishment for sex crimes, and thus, it appears that the defendant can have the effect of preventing recidivism even by issuing a sentence, registering personal information, and completing a sexual assault treatment program.