A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant, around 02:00 on January 2, 2016, returned a cab after drinking alcohol with the victim C at an influence house located in the traditional market of the Guri-si Si, Siri-si, Siri-si, Siri-si.

In order to have sexual intercourse with the victim under the influence of alcohol, at around 04:00 on the same day, the victim took the victim's clothes into the "Eel" located in Namyang-si, Namyang-si, 00 on the same day, off the clothes of the victim who is under the influence of alcohol and was fright off the chest of the victim, and inserted the defendant's sexual organ into the part of the victim's sound, thereby committing rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to records on the medical treatment of victims of sexual assault, reports on requests for appraisal, gene appraisal reports, and evidential data (F dialogue content);

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. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) 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 fact that there is no history of punishment against a defendant for a sexual crime; (c) the registration of the defendant’s personal information and the completion of a sexual assault treatment program can expect to a certain extent the effect of recidivism prevention even if the defendant’s personal information was recorded; and (d) other circumstances such as the defendant’s age, family environment, social relationship, profits and preventive effects expected from the disclosure or notification order; and (e) any disadvantage and side effect arising therefrom, the defendant shall not disclose or notify the defendant’s personal information.