A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On March 29, 2019, the Defendant d (the victim’s name, the 19-year old age), and e, drinked her friendship C and alcohol at the second week located in Suwon-si, Suwon-si around March 29, 2019. At around 06:00 of the same day, the Defendant her drinking together with the victim’s residence located in Suwon-si, Suwon-si, and her drinking together with the victim’s drinking. At around 06:00 of the same day, the victim she was locked first at the bed while under the influence of alcohol, and the Defendant went back to the victim due to the other frighting of drinking and drinking together with the other frighting of the Defendant, and then the Defendant she went back to the victim. At around 08:00, the bed the victim’s body was frightd with the victim’s body and added the victim’s sexual part into the part of the victim’s sexual organ.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. A complaint;

1. Application of Acts and subordinate statutes to appraisal report on the results of appraisal;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism by having no record of criminal punishment for sexual crimes prior to the instant crime; the Defendant’s sentence of imprisonment to the Defendant; the registration of personal information, and orders to complete a program alone appears to have the effect of preventing recidivism; and the disclosure and notification order also takes full account of all the circumstances such as the disadvantages and anticipated side effects to be suffered by the Defendant and the Defendant’s age, occupation, home environment, social relationship, motive, means, and consequence of the instant