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

At around 06:00 on June 12, 2016, the Defendant, at the roofhouse located in Dongdaemun-gu Seoul, the Defendant’s residence in Dongdaemun-gu Seoul, performed drinking together with the Defendant who was friendly victim D (here, 27 years of age) and the Defendant, who was aware of the birth, was her mother, and her home home and left with the victim.

At around 08:30 on June 12, 2016, the Defendant had a mind to have sexual intercourse with the victim under the influence of alcohol at the above rooftop room, and had sexual intercourse with the victim’s fright and panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements made in victim D);

1. Application of Acts and subordinate statutes to the medical records for victims of sexual assault, each request for appraisal, legal chemical appraisal, and gene appraisal report;

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 an order to disclose or notify information, and 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 need to be careful in that such order may seriously affect the accused.

In light of all the circumstances, including the Defendant’s age, character and conduct, family environment, and social relationship, the crime of this case is not a sexual crime against many unspecified persons, and the Defendant is the first offender. In this case, the Defendant appears to have the effect of preventing recidivism of the Defendant to a certain extent through the sentence of a sentence imposed on the Defendant, the registration of personal information, and the completion of sexual assault treatment programs, and the Defendant’s age, character, and conduct, family environment, and social relationship, the effect of preventing sexual crimes that may be achieved by the disclosure and notification order is compared to