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

To the extent that it does not infringe on the defendant's defense right, the phrases of the facts charged were partly revised.

The defendant is a victim B (n, 18 years old) and a high school building.

At around 20:30 on January 8, 2019, the Defendant drinked alcoholic beverages together with the dong c, including the victim, in the Guri-si C market, and 03:30 on the following day, she was to start to the house of the victim, and she was to start to the house of the victim with the victim.

At around 03:30 on January 9, 2019, the Defendant, under the influence of alcohol, fluenced the victim who is unable to properly hold his body, into the stairs of the commercial building near the Da apartment at Guri-si, and made the victim fit with the victim. The victim was under the influence of alcohol so that he does not seem to have any different response to the defendant's behavior, was exempted from the victim's will and panty, and then inserted the Defendant's sexual organ into the sound part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to CDs of video images which the suspect captures the victim, and photographs which capture the victim and the image of the suspect and the victim;

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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;

1. Grounds for sentencing under the main sentence of Article 56 (1) 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 Act on Welfare of Disabled Persons

1. Scope of applicable sentences under law: Three years to thirty years; and

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for sex offenses shall be the crimes of rape (the persons aged 13 or older);