1. The defendant shall be punished by imprisonment for two years;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

Punishment of the crime

Around 02:00 on February 8, 2019, the Defendant, including the victim B (name, leisure, age 26), etc. working for the same company, went to a meeting at a restaurant, such as D, located in Songpa-gu Seoul Metropolitan Government C, after going to the meeting.

On February 8, 2019, when the Defendant took a meeting with the club dues and went to a breath, the Defendant left the body with the drunk victim. On February 8, 2019, around 07:13, the Defendant took off the above victim’s clothes and inner clothes from the victim who was unable to drive the spirit of drinking, and was exempted from all the clothes and clothes of the Defendant’s breath, and added the Defendant’s sexual organ into the part of the victim’s breath.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Report on internal investigation (Securing and attaching CCTV images at the scene of occurrence), CDs;

1. Application of Acts and subordinate statutes to a investigation report (the results of a request for appraisal and attachment of a response sheet (DNA analysis), and a reply table for appraisal request (Evidence No. 12);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 Disclosure Order and Notification Order; the Defendant’s age and social relationship with the Defendant under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the content and motive of the crime; the method and consequence of the crime; the degree of disadvantage and side effect of the Defendant’s entry due to the disclosure order or notification order; the anticipated side effect of the disclosure order; the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and the protection effect of the victim; thus, the disclosure order and disclosure order against the Defendant.