A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On February 6, 2020, the Defendant was sentenced to imprisonment with prison labor for general buildings and fire prevention at the Gangnam Branch Branch of the Chuncheon District Court for the crime of fire prevention, and the above judgment became final and conclusive on February 14, 2020.

【Criminal Facts】

At around 20:00 on January 20, 2020, the Defendant called “E” restaurant located in Gangseo-si, where the victim D(the name, the 35-year age, the 35-year age, etc.), etc. drinked alcoholic beverages, and had sexual intercourse with the victim, etc. at around 20:0.

At around 23:00 on the same day with C, the Defendant laid the victim under the influence of alcohol, and entered Gangnam-si Fel G, and when C returned home and she left the victim with his/her clothes, she exceeded all of the clothes of the victim under the influence of alcohol, she snicked the victim's chest and sound, and inserted his/her sexual organ into the part of the victim's sound.

As such, the Defendant, under the influence of alcohol, intended to engage in sexual intercourse by taking advantage of the victim’s mental or physical state of difficulty to resist or resist. However, the fact that the victim was deprived of his or her ability to judge due to intellectual disability, etc., and did not have been in the state of mental or physical disability or nonperformance

Accordingly, the defendant tried to engage in sexual intercourse by taking advantage of the victim's actual state or state of resistance, but did not commit such crime.

Summary of Evidence

1. Defendant's legal statement;

1. A stenographic report on D;

1. Previous records of judgment: Application of Acts and subordinate statutes to report the previous records and results of the disposition;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to complete a program, Article 16(2) main text of Article 47(1) of the Act on Special Cases concerning Disclosure Orders and Notification Orders concerning the Punishment, etc. of Sexual Crimes.