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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On December 20, 2018, around 21:30 on December 20, 2018, the Defendant met the victim D (tentative name, 20 years of age) through pro-Japanese C in the vicinity of the next City, YAB, and the victim was living in the vicinity of his car.

The Defendant, from around 02:50 on December 21, 2018 to around 08:20 on the same day, exceeded the clothes of the victim, locked, under the influence of alcohol, and had sexual intercourse once with the victim, from around 02:50 on the same day.

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. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on internal investigation (related to the verification of the volume of drinking spring by the respondent, etc.);

1. A transcript;

1. A written petition;

1. Receipts, etc.;

1. A gene appraisal report;

1. One copy of photograph of the respondent’s Kakakao Stockholm dialogue course;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph and CCTV closure photograph;

1. Article 299 of the Criminal Act, Article 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, it is difficult to readily conclude that the Defendant has a risk of sexual assault or recidivism; personal information registration against the Defendant; and completion of a sexual assault treatment program, etc. appears to have an effect of preventing recidivism to a certain extent; otherwise, the Defendant’s age, occupation, family environment, social relationship, criminal punishment, disclosure or notification order may be achieved,