A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 04:30 on May 23, 2019, the Defendant had sexual intercourse with the victim D (M, 19 years old) who was suffering from sexual intercourse with the victim D (M, 19 years old) with a sexual intercourse under the agreement with the Defendant, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of prosecutor C to the prosecutor's office;

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. An order to disclose or notify personal information under the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); and the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons (amended by Act No. 1738, Jun. 2, 2020); the Defendant has no record of criminal punishment; the Defendant’s crime of this case is not limited to many unspecified persons; the Defendant’s age and method of disclosure of personal information; the Defendant’s social relationship; and consequence of the crime.