A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

On October 26, 2018, around 01:10, at the front of the “C” restaurant located in Spocheon-si B, the Defendant discovered the victim D (name, leisure, 29 years of age) who sited on the road in the direction of drinking, and left the lane of the victim who was parked in the front.

At around 01:30 on the same day, the Defendant: (a) returned to the victim, who was on board the above vehicle, had no awareness of being drunk; and (b) had the victim feel to have sexual intercourse with the victim.

Accordingly, the Defendant, upon entering the above vehicle, exceeded the victim's panty and panty who is unable to resist, and had sexual intercourse once with the victim by inserting the Defendant's sexual organ into the victim's negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E (alias) and D;

1. Application of the Acts and subordinate statutes in Chapter 1 of the Criminal Investigation Report (Investigation of Attachment of 112 Case List), 112 Report List, On-the-spot photo, investigation report (a photographic attachment taken by a police officer first dispatched), field photo, investigation report, investigation report (a witness Ebbbbox image), and one CD storage document;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of various circumstances such as the background of the instant crime, Defendant’s age, character and conduct, social ties, criminal records and the risk of recidivism, disclosure order, and notification order, as well as profits and prevention effect expected due to the disclosure order and notification order, and disadvantages and side effects therefrom, etc., which are revealed in the records of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order.