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

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

Punishment of the crime

On December 22, 2015, the Defendant: (a) discovered the victim D (Woo, 31 years of age) who was under the influence of alcohol on the road 101 front of Macheon-si apartment 106:30 on December 22, 2015; (b) decided to have sexual intercourse; and (c) decided to have sexual intercourse with the victim by cutting the victim into the Defendant’s house No. 101 and 707 of the above C apartment 101 and inserting the victim into the Defendant’s house, and inserting the Defendant’s sexual flag into the victim’s sexual flag where it is remarkably difficult to resist, thereby having sexual intercourse with the victim by taking advantage of the victim’s non-legal condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV photographs and genetic appraisal records to Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant recognizes and reflects the crime, personal information registration and sexual assault treatment program are likely to have an effect to prevent re-offenders to a certain extent, and the number of copies of the sexual assault treatment program is likely to be included in the grounds for sentencing as follows:

It is difficult to conclude that there are other special circumstances in which the disclosure or notification of personal information of the defendant should not be disclosed or notified if the profit and the prevention effect expected by the disclosure or notification order are compared with the disadvantages and side effects to be incurred by the defendant.

C) The instant crime on the grounds of sentencing is deemed impossible for the Defendant to resist himself from being drunk.