A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On October 19, 2019, at around 01:19, the Defendant visited “Dju” operated by the victim C (the name, the age of 47) as a customer in the Young-gu, Busan (the age of 47) and performed drinking together with the victim, and the victim was removed from the victim’s panty and panty, and was sexual intercourse once with the victim’s sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (with respect to photographs, requests for appraisal and replies to criminal behavior);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. An order to disclose or notify personal information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or 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 criminal punishment; the Defendant appears to have the effect of preventing recidivism to a certain extent only with the completion of sexual assault treatment programs, registration of personal information, and restriction on employment; and other special circumstances exist in light of the Defendant’s age, family relation, social relationship, motive for and consequence of the crime, method and consequence of the disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, and the effect of protecting the victims thereof.