A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 25) are higher-ranking villages.

At around 03:00 on December 14, 2018, the Defendant had sexual intercourse by inserting his sexual organ into the sound part of the victim under the influence of alcohol at the victim’s residence located in the Gwanak-gu Seoul Special Metropolitan City C building.

In this respect, the defendant has sexual intercourse with the victim by taking advantage of the victim's bad faith or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. A complaint;

1. Investigation report (the country to which the genetic test of the victim is requested, response to acceptance, referral of the National Institute of Scientific and Investigative Research for which the appraisal is requested and the results thereof, and confirmation of the relationship between the suspect and the victim);

1. Application of Acts and subordinate statutes governing family relation certificates;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47(1) and 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 has no record of punishment for sex crimes other than the instant case; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism; the sexual crime of this case committed by the Defendant is not for an unspecified general woman; the registration of personal information against the Defendant and orders to complete education; and the employment restriction order alone appears to have a certain degree of effect to prevent recidivism; and the disclosure and notification order leads to the disadvantages and anticipated side effects that the Defendant will sustain; the Defendant’s age, occupation, family environment, social relationship, and motive, means, and consequences of the instant crime.