A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 04:00 on May 21, 2019, the Defendant, at the house of the Victim C (Gain, 19 years of age) located in Gangnam-gu Seoul, Gangnam-gu, Seoul, 2019, she took off the victim exempted from water, she was placed on the victim’s neck, she was off the victim’s panty and panty, and inserted her sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Statements made by witnesses C and D in the first trial records;

1. Details of the Kakao Stockholm dialogue between the complainant and the defendant, and telephone conversations;

1. Chapter 8 of the prescribed preparation specifications and the application of a copy of medical records to the Acts and subordinate statutes;

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

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 crime in this case is not against many unspecified persons; the defendant has no criminal record; the defendant has no criminal record; the defendant's sentence is sentenced to imprisonment; the defendant's completion of sexual assault treatment programs; restrictions on employment and personal information registration can also have an effect to prevent recidivism to a certain extent; the defendant's age, family environment, social relationship, occupation, risk of recidivism; the details and result of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's disadvantage caused by the disclosure or notification order; the effects of preventing sexual crimes resulting therefrom; and the protection of the victim, it is determined that the disclosure or notification of the defendant's personal information should not be given.

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;