A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault therapy for 80 hours.

Punishment of the crime

At around 23:00 on July 30, 2017, the Defendant was accommodated in the influorial room of Boh-si Bohyeong-si, Bocheon-si, 1029-3, the Defendant first known through the so-called “road Hunting,” and the following day on July 31, 2017, while drinking alcohol at a large-scale bathing beach located in 1029-3, 1029-3.

On July 31, 2017, the Defendant, around the new wall on July 31, 2017, exceeded the victim’s clothes, and had sexual intercourse once with the victim, using a state in which the victim’s consciousness, who was in a state of drinking, beer, beer, and bet, was not clear.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B (alias) and D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (the details of conversations between the victim and the Kakao Stockholm that the suspect submitted), investigation report (to attach the victim's submitted Kakao Stockholm message);

1. Investigation report (on-site photographs and on-site CCTV);

1. Notification of the results of statement analysis;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; 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; proviso to Article 56(1); proviso to Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant has a risk of sexual assault or recidivism because he/she has no record of punishment for sexual crimes; the Defendant’s personal information is registered; and the Defendant’s re-offending is