A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Criminal facts

On July 21, 2015, the Defendant, at around 21:30 on July 21, 2015, performed drinking together with the victim E (n, 21 years of age) in the “D cafeteria” located in the Geum-gu Busan Metropolitan City, and transferred the victim to the si in the vicinity of the taxi by burning the victim into the si. At around 23:35 on the same day, the Defendant, under the influence of alcohol within 501, had sexual intercourse once by inserting the victim’s clothes, who is in a state of resistance, and inserting the body parts and inserting the sex into the sigu, Busan Metropolitan City.

Accordingly, the defendant has sexual intercourse by taking advantage of a person's resistanceable condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the E police statement;

1. Application of Acts and subordinate statutes to report internal investigation and internal investigation, report on internal investigation, report on investigation (request for appraisal) and report on internal investigation;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime and there is a risk of recidivism or recidivism of a sexual crime due to

It is difficult to conclude that the registration of personal information, and the number of sexual assault treatment programs can have an effect to prevent recidivism by the defendant to a certain extent.

In full view of all circumstances, such as the benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects resulting therefrom, the special circumstances that may not be disclosed.