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

On June 19, 2016, the Defendant found on the first floor of the building C (hereinafter “the instant building”) in Namyang-si, Namyang-si, Seoul (hereinafter “the instant building”) that the victim D (the 26-year age), under the influence of alcohol, was unable to wear his body and was seated into the stairs, and the victim stated in the facts charged as “persons with disabilities with disabilities,” but, in light of the structure of the instant building as indicated in the record, the victim’s statement, etc., is corrected as above.

After being taken back to the victim, the victim's panty and panty shall be laid down above the two sides, and the spanch of the defendant

In addition, the victim inserted into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Entry of the defendant in part in the first trial record;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Medical records for victims of sexual assault;

1. Application of CCTV-related Acts and subordinate statutes;

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

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 an order to disclose and a notification order, 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 defendant has no record of being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, only with the registration of personal information of the defendant and the completion of a sexual assault treatment program can prevent recidivism.

The age of the defendant, the motive and method of committing the crime, the character and conduct environment of the defendant, and