A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

At around 03:00 on April 25, 2017, the Defendant exceeded, from the victim D (one's name, half's age, 21)'s flag and his clothes, which were under the influence of alcohol, and inserted the Defendant's sexual flag into the part of the victim's flag.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D (victim, name of the victim), E (alias), and F;

1. Statement made by the prosecutor with respect to D (victims and family name);

1. Statement made by the police in relation to D (victims and family name);

1. Details of a criminal investigation report, a gene appraisal report, a gene appraisal report, a legal and chemical appraisal report, a criminal investigation report (to hear the statement of an appraiser of the National Institute of Scientific and Investigative Research), a report on investigation (to hear the statement of an appraiser of the Institute of Criminal Investigation and Investigation), the structure of the scene of the crime, the structure of the place of the crime, the report on investigation (to report the submission of the victim's data), and the message sent and received with the suspect;

1. Application of Acts and subordinate statutes to a report on evaluation of criminal injury;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 Defendant, after entering the Republic of Korea as a foreigner, has no record of criminal punishment for sexual crimes until before committing the instant crime after entering the Republic of Korea, and there is no record of criminal punishment for sexual crimes, and even after completing personal information registration and sexual assault treatment programs, the Defendant’s risk

Therefore, when balancing the preventive effects and side effects expected by the disclosure order or notification order to the accused, the personal information of the accused shall not be disclosed or notified.