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

피고인은 2019. 2. 22. 04:00경부터 같은 날 05:10경까지 사이에 서울 성동구 B, 지하1층에 있는 피고인이 운영하는 ‘C’이라는 상호의 유흥주점에서, 술에 취하여 소파 위에 잠을 자고 있던 노래방 도우미인 피해자 D(가명, 여)을 발견하고 피해자에게 키스를 한 다음 피해자의 스타킹과 팬티를 벗기고 피해자의 음부를 혀로 핥고 입으로 빨다가 피해자의 음부에 피고인의 성기를 삽입하는 방법으로 피해자를 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement concerning D;

1. Investigation report (in case of telephone communications with victims, with respect to telephone communications with victims);

1. Each gene appraisal report;

1. 112 reported case handling table;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

In full view of the Defendant’s age, the type, motive, process, consequence and seriousness of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure notification order, the prevention of sexual assault crimes subject to registration, and the effect of protecting the victims, etc., the Defendant is a sexual crime.