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

On October 17, 2017, from around 00:00 to 01:00, the Defendant, at the home of the victim D (n, 25 years of age) located in Gwanak-gu in Seoul Special Metropolitan City, included the victim’s chest and her sexual part in the victim’s sexual part during the period of the victim’s sexual part.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's state of resistance that the defendant was under the influence of alcohol in the indictment for the loss of mental and physical nature of the victim.

The phrase “physical loss” refers to a state in which normal judgment cannot be made with respect to sexual acts due to a mental disorder or food disorder, and “a case where psychological or physical resistance is impossible due to reasons other than loss of body or body.”

The physical and mental loss of the “B” under the influence of alcohol constitutes a state of mental and physical loss, and it is deemed that even if changed to the degree, it does not hinder the Defendant’s exercise of his/her right to defense. Therefore, ex officio changes are made without any changes to the indictment.

Using the state of the victim's sexual organ to put the fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to E message, investigative reports (in the presence of the Center), and each investigation report (in the presence of a victim’s telephone statement hearing);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning 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 to Order;

1. Article 47(1) and Article 49(1) proviso 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 Juveniles from Sexual Abuse, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse [the details of the instant crime, the Defendant’s age, sex, sexual conduct, social ties, criminal records (no criminal records) and the risk of recidivism, the effect expected by the disclosure order and notification order, and the disadvantages and side effects therefrom, etc.