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

The Defendant is a person who was in a relationship with the victim B (n, 18 years of age) from April 19, 2019 to May 10, 2019.

At around 03:00 on May 1, 2019, the Defendant inserted the sexual flag into the sound part of the victim who was diving in the state of being diversed, in the room of the Defendant’s residence.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's non-fluence state.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement made by witness B (victim), witness E, witness F, and witness G in the second protocol of trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of statutes on site photographs;

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. Where the conviction of a person subject to registration of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment,

In full view of the circumstances leading up to the crime of sexual assault in this case, the Defendant’s age, character and conduct, environment, previous convictions, the risk of recidivism, and other circumstances such as the disadvantage and anticipated side effects of the Defendant resulting from the disclosure or notification order, there are special circumstances where the disclosure or notification of personal information may not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.