A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On June 22, 2018, the Defendant: (a) 02:20 on 02:20, the Defendant, while drinking alcohol together with the victim D (the 33 years of age), i.e., Sincheon-si B, sent the victim to an E hotel in a distance of about 67 meters from the said age club, with the mind that the victim would rape the breath of drinking alcohol; (b) had the victim go outside of his/her business and carried the victim to the E hotel at a distance of about 37 meters from the said age club.

At around 03:20 on the same day, the Defendant exceeded the clothes of the victim in a state of failing to resist by drinking in the guest room F of the "Flcheon E hotel", and has sexual intercourse with the victim once by inserting his sexual organ into the sound book of the female.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness G;

1. Report on internal investigation (investigation into C or E hotel c or E hotel c or internal investigation) and report on internal investigation (with respect to the results of request for panty appraisal submitted by the injured party and panty appraisal)

1. Age CCTV attachment CD;

1. Application of the CD (Evidence No. 9) statute

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons

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; Article 49(1) 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; Article 50(1) proviso appears to have no record of punishment for sexual crimes; Article 50(1) proviso appears to have the effect of preventing recidivism by a defendant to a certain extent