Defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

On March 14, 2019, at around 06:00, the Defendant drinks alcoholic beverages with the victim, D, and E together with the victim, D, and C in the residence of the victim C (name, leisure, age 23) located in Gwangju-si, Gwangju-si. On the bend floor of the bed, the victim, and the Defendant are enjoying alcohol above the bed.

At around 10:00 on the same day, the Defendant: (a) took advantage of the fact that the victim had drinking alcohol after night duty and been unable to resist by taking advantage of the victim’s ability to resist; (b) taken her hand into the victim’s inner part, taken the victim’s chest over the victim’s breast, taken over the victim’s her chest and panty, and had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Investigation report (on-site photographs attached, replies to requests for appraisal, victim telephone calls, and telephone conversations between witness D parties);

1. Application of the Acts and subordinate statutes on text messages;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. There is no record of sexual assault against the accused in regard to the punishment, etc. of sexual assault crimes exempted from disclosure orders or notification orders, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse;

It seems that the execution of the sentence against the accused, registration of personal information, order to complete a program, and employment restriction order can produce the effect of preventing recidivism to some extent.

In addition, the defendant's age, family environment, social relationship, disclosure order, and notification order are considered to be disadvantageous to the defendant, expected side effects of the defendant's suffering, and effects of preventing sex crimes that can be achieved thereby, and effects of protecting the victim.