A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On January 22, 2018, at around 05:00, the Defendant inserted the Defendant’s sexual organ into one part of the victim who was divingd, while drinking together with the victim, at the residence of the victim C (the name, the 33-year old age), who is a fluence in the Eunpyeong-gu Seoul Metropolitan Government (the name, the fluence, and the 33-year age).

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to investigation reports (to attach a response letter to a request for appraisal with a State);

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

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. In full view of the overall circumstances, such as the fact that the defendant has no record of punishment prior to the crime of this case, the defendant's age, family environment, social relationship, etc., compared to the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure or notification order, there are special circumstances under which the defendant may not disclose or notify his/her personal information, in light of the overall circumstances, such as the fact that the effect of the prevention of sexual crime, etc., which can be achieved by the disclosure or notification order, appears to be relatively less than the disadvantage and anticipated side effects that the defendant may suffer, due to the disclosure or notification order, appears to be relatively small.

[Determination]

1. There are special circumstances under which the risk of re-offending is low or the employment is not restricted in light of the details and results of the crime in this case, the defendant's age, family environment, social relationship, etc., as well as all other circumstances, under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The defendant's and his defense counsel's arguments.