A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

around 06:00 on March 4, 2016, the Defendant, at around 06:0, committed sexual intercourse with the victim, who was drinking together on the first floor of the victim D (the 36-year old age), located in Seocho-gu Seoul Metropolitan Government, by entering the second floor inside the entrance door, locked the lock door and the safe door door in which the locked card was locked, and opened the door door, and locked the force by making the door unfolded, and let the victim locked into the rear door.

Accordingly, the defendant infringed on the room possessed by the victim, and has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written statements made with respect to D;

1. Emerial photo (No. 14 of the evidence list);

1. Application of Chapter 34 Acts and subordinate statutes to field photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

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 fact that the accused has no record of being punished for committing any sexual crime, and the relationship with the accused and the victim, there is a criminal tendency against many unspecified persons solely for the instant crime;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the registration of personal information on the defendant and the completion of sexual assault treatment programs.

In addition, in light of all the circumstances, such as the defendant's age, family environment, and social relationship, as shown in the argument of this case.