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

around 04:00 on October 7, 2017, the Defendant had been willing to engage in sexual intercourse with the victim as the Defendant drinking alcohol together with the victim D (man, name) at a cafeteria located in Jung-gu Seoul Metropolitan Government B around 04:0.

On the same day, the Defendant: 04:13 moved from a restaurant to Eelher in Seoul Special Metropolitan City, Nowon-gu, by taking the victim's knife from the restaurant, and on the same day, 04:36 on the same day, the Defendant got off the clothes of the victim who was unable to resist due to alcohol, and sexual intercourse by inserting the victim's sexual organ into the sexual organ of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. The name of the victim, a suspect or victim in a restaurant, a suspect or victim outside a restaurant, and the name of the victim;

1. Details of approval of receipts, credit card slips, and credit card transactions;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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, notify, or place an employment restriction order, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime and thus has a risk of recidivism or recidivism of a sexual crime;

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

The age, family environment, social relationship, relationship with the victim, disadvantage and anticipated side effects of the defendant.