A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. Around March 20, 2020: (a) on March 20, 203: (b) around 03:03, the Defendant got drunk from the stairs of the first floor of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and the first floor of the building, and went back from the Do-gu, Seoul Special Metropolitan City Del E in order to find out the victim C (a person, a person, who is aged 28) who was unable to get his body without being mind, and to engage in sexual intercourse with the victim.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around March 20, 2020, the Defendant: (a) 03:34 on March 20, 2020, she placed the victim at the bed her inside the bed; (b) exceeded all the clothes of the victim under the influence of alcohol and was able to sleep, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (the comprehensive analysis ofCCTV images);

1. Application of relevant Acts and subordinate statutes of each legal chemical appraisal report and gene appraisal report;

1. Article 288 (1) of the Criminal Act applicable to the crime (the point of abduction), Articles 299 and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Provided, That the aggravated punishment shall be limited to the sum of the long-term punishment of two crimes)

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; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s personal information registration and sexual assault treatment program can have the effect of preventing recidivism to a certain extent; and the Defendant’s age, occupation, family environment, social relationship;