A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant and the victim B(n, 29 years of age) are employees who are dispatched to a factory in Vietnam, and have worked.

피고인은 2019. 8. 12. 22:00경 베트남사회주의공화국 하이퐁시 D 산업단지 주변 한국식당에서, 피해자와 함께 술을 마신 후 피해자가 몸을 제대로 가누지 못할 정도로 만취하자 피해자를 부축하여 위 산업단지 E호에 있는 피해자의 기숙사 방 안까지 데려다주게 되었다.

피고인은 같은 날 22:59경에서 같은 달 13. 02:20경 사이에 위 E호 피해자의 기숙사 방 안에서, 피해자가 구토하다가 잠이 들자 피해자의 옷을 벗긴 다음 피해자의 성기에 손가락을 집어넣고 피해자의 가슴을 빤 후 피고인의 성기를 삽입하여 1회 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. F’s written statement and translation of the defendant’s legal statement B, each police officer’s written statement;

1. A report on investigation (a list of evidence Nos 21);

1. A CCTV image closure photograph, CD;

1. Application of the Kakao Stockholm legislation, such as each Kakao Stockholm message, blod printed outputs, etc.

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. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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), need to be carefully and carefully imposed on the Defendant as such disclosure or notification of registered information may have a significant impact on the Defendant. The Defendant has no record of criminal punishment for sexual assault crimes, and the Defendant also prevents re-offending solely with imprisonment with labor, personal information registration, orders to complete sexual assault treatment programs, and employment restrictions orders.