A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

From around 00:00 to 05:00 on April 25, 2016 to the main point located in Mapo-gu Seoul Metropolitan Government, the Defendant drinks with female-friendly C and C’s victim D (n, 24 years old), etc., and the Defendant appears to have written “Seoul Mapo-gu F, 201” as stated in the indictment No. 201, Mapo-gu, Seoul E and 201.

The defendant and C were living together with the defendant and C.

At around 06:00 on the same day, the Defendant: (a) committed rape against the victim by committing sexual intercourse, with the victim, by preventing the victim from participating in the victim’s chest by one hand; (b) preventing the victim from participating in the victim’s breast by one hand; and (c) preventing the victim from resisting by driving the victim’s breast.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to investigation reports (the result of confirming the contents of letters sent to the victim by the victim);

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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

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 Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender is the defendant, the personal information of the defendant against the defendant, and the completion of a sexual assault treatment program can have an effect to prevent recidivism even to a certain extent;

In full view of the overall circumstances, such as the defendant's age, family environment, social relationship, etc., the prevention effect of sexual crimes, etc. which can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may sustain, may be relatively less, there are special circumstances in which the defendant may not disclose and notify personal information.

The decision is judged.