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

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

Punishment of the crime

On August 25, 2017, the Defendant, at the front of the E Hospital located in D when lighting around 01:57, set the F vehicle owned by the Defendant, and then, intended to deliver goods to the G convenience store located in the said hospital, and attempted to board the said vehicle, the Defendant’s vehicle was mistaken for the taxi, and the Defendant’s H (the name, the 20-year age), who was under the influence of alcohol, was found to have discovered the Defendant’s vehicle while under the influence of alcohol, and had sexual intercourse with the female.

At around 02:20 on the same day, the Defendant placed the victim on the bed room of J hotel I, who was in a light room of J hotel I, in the bed room, and was exempted from all clothes of the victim and her sexual intercourse once.

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

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of the witness H and K;

1. Each internal investigation report (No. 7, 11, and 15 No. 5 of the evidence list), each investigation report (No. 20, 25 of the evidence list);

1. Each request for appraisal and reply (No. 26, 28 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to each photograph (No. 8, 12, 13, and 16 No. 16 of the evidence list), the indication of vehicle moving routes for use (a guidance within the jurisdiction);

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Exemption of an order to disclose information and a notification may have the effect of preventing the recidivism of the defendant even after completing the registration of personal information and sexual assault treatment programs against the defendant, in light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex offense, the defendant has committed the crime in this case late, and the defendant's age, occupation, family environment, social relationship, etc.;

In addition, the defendant will sustain due to the details and circumstances of the crime of this case, and the disclosure notification order.