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

On March 27, 2018, the Defendant was off from the office of the victim E (V, 30 years of age) under the influence of alcohol at the office of the Seoul Southern-gu Seoul Southern-gu B and C on March 27, 2018, and had sexual intercourse with the victim after going on the victim's body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of E and D;

1. The application of Acts and subordinate statutes to investigation reports (in response to requests for 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. Exemption from an order to disclose or disclose an employment restriction order, and exemption from an order to disclose or notify an employment restriction order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles Sex Offenses: The exemption from an employment restriction order: Article 15352 or Article 3 of the Addenda to the Act on the Protection of Children and Juveniles Sex Offenses, the proviso to Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the Addenda to the Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018; Act No. 15306, Jan. 16, 2018>