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 March 4, 2017, the Defendant, at the “D” club located in Gangnam-gu Seoul Metropolitan Government, i.e., the victim E (the 23 years old and the 25:00 on March 5, 2017 after drinking alcohol and then moved a victim who was drunkly drinking at the club to a Gelel located in the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “D”) and 201 on March 5, 2017.

In addition, the defendant had sexual intercourse with a victim of an incompetence under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E (victims and family names);

1. The application of Acts and subordinate statutes to a investigation report (related to victim E-related), table for telecom sales, victim's body photo, internal investigation report (to secure and analyze CCTV images at the scene of occurrence), investigation report (to analyze CCTV images at the scene of occurrence), investigation report (to submit a response to a request for appraisal);

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 did not have any history of criminal punishment before committing the instant crime, and even if having completed personal information registration and sexual assault treatment programs, the risk of recidivism by the Defendant seems to be reduced to a considerable portion.

Therefore, when balancing the preventive effects and side effects expected by an order of disclosure or notification to the defendant, special circumstances are recognized that the personal information of the defendant should not be disclosed or notified.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered.