A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

Around 03:27 March 11, 2019, the Defendant: (a) parked the said car on the street near the Daegu East-gu E-gu, Daegu-gu; (b) parked the said car at around 03:57 on the same day, and (c) went off the victim’s fright and pantyty, 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 state of breath who was unable to do so.

Summary of Evidence

1. C's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to each internal investigation report (including the evidence list Nos. 10, 19, and each accompanying material), each investigation report (including the evidence list Nos. 15, 28, 31, 33, 36, and each accompanying material);

1. Article 299 of the Criminal Act, Article 297 of the Criminal Act concerning the crime;

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 the personal information of the accused; 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 (in full view of the Defendant’s age, occupation, family environment, social ties relationship, criminal record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the accused’s disadvantage due to the accused’s age, occupation, family environment, social ties relationship, criminal punishment, disclosure order or notification order, and the effectiveness

1. Determination on the assertion by the Defendant and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) of the Welfare of Persons with Disabilities Act

1. At the time of the summary of the argument, the victim was in the state of her face to face, and the victim was not unable to resist, and the defendant was sexually in a natural atmosphere with the victim.