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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

On September 5, 2015, the Defendant, along with several persons, including victims C (at 23 years of age), who came to know of his line on the new wall, got out of the house of the victim located in Gwanak-gu, Seoul Special Metropolitan City.

At around 07:20 on the same day, the Defendant shouldered the victim under the influence of alcohol at the home of the above victim, walked the victim's divers while walking the dives covered by the victim, exempted the victim's clothes and clothes, and she was sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. Application of the statutes of the response request for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 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 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 motive and background of the instant case, such as the Defendant’s age, the relationship between the Defendant and the victim, etc., the Defendant’s primary offender, the Defendant’s first offender, the Defendant’s personal information, and the order to complete sexual assault treatment programs to a certain extent is effective to prevent recidivism

If the disclosure order and notification order take into account the degree and expected side effects of the defendant's disadvantage, the prevention effect of sexual assault crimes subject to registration, the protection effect of victims from sexual assault crimes subject to registration, etc. as a whole, there are special circumstances that the defendant should not disclose and notify personal information.