1. The defendant shall be punished by imprisonment for three years;

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

3.

Punishment of the crime

On August 25, 2018, the Defendant came to know that the victim D (one person, half, and 23 years old) who was a customer was able to take care of a defective victim in his house, and he was able to take a taxi at the house of the defendant's house located in the building F of the same building E, and the victim was unable to take care of his body under the influence of alcohol.

At around 04:00 on the same day, the defendant exceeded the clothes of the victim under the influence of alcohol at the defendant's office, and had sexual intercourse by inserting the defendant's sexual organ into the part of 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. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each police officer's statement about D (alias) and G;

1. Investigation report (the details of conversation between the victim and the suspect), photographs, investigation report (Attachment of related documents), investigation report (the contents of conversation between the victim and the male-gu H), photographs, investigation report (the results of electronic appraisal request), investigation report (the results of electronic verification comparison); and investigation report (the results of electronic verification comparison);

1. Application of the Acts and subordinate statutes to a criminal investigation report (on-site CCTV image analysis), photographs (CCTV image leakage), CD (CCTV storage), investigation report (as a result of requests for appraisal of toxic substances);

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, the age and social ties of the accused, criminal records, the content and motive of the offense, the method and consequence of the offense, the degree of disadvantage and anticipated side effects of the accused’s entry due to an order to disclose or notify, the effectiveness of preventing sexual crimes subject to registration, and the protection of the victim.