A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On 2018, the Defendant, through the Defendant’s wife, had been in personnel with the victim B (at 36 years of age) who was enrolled in the same sports center as the wife, and thereafter, had the Defendant’s wife and the victim, etc. attend several times of drinking, and have been aware of it with the victim.

On December 30, 2018, around 03:20 on December 30, 2018, the Defendant drinks the two-lane alcohol from the Defendant’s wife, victim, and three-way drinking outside of the ward in Yangsan-si, the Defendant’s residence, with three-lane drinking. On the same day, at around 05:30 on the same day, the Defendant’s wife first dumped and dumped and dumped with the victim.

The Defendant also entered a small room with the victim's diving, and inserted the sexual organ into the part of the victim who was under the influence of alcohol, and had sexual intercourse with the victim by inserting his sexual organ into a small room.

Accordingly, the Defendant quasi-rapeed the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. A report on investigation (attaching the results of appraisal by a State);

1. Application of the statutes on response to requests for appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 Aggravated Punishment, Etc. of Sexual Crimes, 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 shall not have been subject to criminal punishment for sexual crimes before the instant case. Moreover, in light of the Defendant’s age, character and conduct, the background and details of the instant crime, circumstances after the instant crime, etc., the Defendant’s personal information registration against the Defendant, personal life for a given period, the completion of sexual violence program, and the restriction on employment can only be effective to