Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

1. Around 01:00 on June 24, 2016, the Defendant: (a) went off the victim E (22 3 years, 80)’s panty and panty, who was under the influence of alcohol at a 208 heading room located in Chuncheon-si, Chuncheon-si; and (b) inserted the victim’s panty into the victim’s panty.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) Defendant displayed the victim’s cell phone at the same time and at the above location on the tables of the victim’s cell phone, and taken a video recording of the victim’s sexual relationship with the victim using the above cell phone functions.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (F telephone investigation by a witness), investigation report (investigation by a witness G, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299 and 297 of the Criminal Act concerning the choice of punishment, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using camera photographs and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 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 disclosure and notification orders, 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 committing a crime in the same manner, and the defendant has no record of committing a crime, and the effect of preventing recidivism through the registration of personal information and the completion of a sexual assault treatment program.