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 July 24, 2016, at around 22:00, the Defendant: (a) reported the victim’s drinking alcohol, such as the Plaintiff H (V, 21 years of age), who was born to the university, at the main station near Kimhae-si G, to have sexual intercourse with the victim by taking advantage of the victim’s resistance impossible condition.

Around that time, the Defendant: (a) laid the victim at the J located in Kimhae-si; (b) laid the victim on the bench; (c) laid the victim’s panty in front of the victim’s panty; (d) laid the victim’s panty by inserting his panty in the panty, and sexual intercourse by inserting the victim’s sexual organ into the panty of the victim; (c) laid the entrance door into the female public toilet on the first floor of KK in Kimhae-si, set off the victim on the toilet floor; and (d) laid the victim’s panty and panty, and had sexual intercourse with the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A witness H and each legal statement in L;

1. Protocols concerning the police of the accused and the interrogation of the suspect by the prosecution (including replacement of the accused);

1. Application of Acts and subordinate statutes to a report on investigation (the attachment of a proof source of personal phone joining, the verification of the date of loss of a mobile phone used at the time of committing the crime, the details of the inspection marking - Chapter 21 photographs, such

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. 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, 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 (the Defendant has no record of punishment for a sex offense before the instant case, and thus, has a risk of recidivism and recidivism of a sexual crime due to his/her lack of record of punishment

It is difficult to conclude that the effect of preventing recidivism can be limited to a certain extent only with the sentence imposed on the defendant, the registration of personal information, and the completion of sexual assault treatment lectures.

Other benefits and prevention expected by the disclosure or notification order of this case.