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

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

Punishment of the crime

The defendant is the husband of the victim E (V, 29 years old) who is the husband of the victim's family-gu G.

On June 22, 2017, from around 02:00 to around 04:00, the Defendant had been playing at the Defendant’s home in Daejeon Jung-gu H 305, Daejeon-gu, Daejeon-gu, and was under diving by drinking, and thus, the Defendant got knee and panty to kne and had sexual intercourse by inserting the Defendant’s sexual flag into the victim’s sound book.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Ethical letters;

1. The application of Acts and subordinate statutes to each request for appraisal, genetic appraisal, and written appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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) proviso 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 of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the order to disclose or notify personal information may have a significant impact on the Defendant. The instant crime is not a crime against many unspecified persons; the Defendant is not a sexual crime against an unspecified person; the Defendant has no record of a sexual crime; the Defendant’s age, occupation, home environment, social relationship, etc. appears to have the effect of preventing re-offending even with the completion of the Defendant’s personal information registration and sexual assault treatment program. In light of the above, there is a special circumstance that may not disclose the Defendant’s personal information.

[Determination]

1. Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order [the part of physical damage in the application of the applicant for compensation, i.e., the applicant for compensation retired from office due to mental pain immediately after the instant crime.