A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Criminal facts

Defendant

On May 17, 2018, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") found that the victim D (defluence, fluence, 30 years of age) was under the influence of alcohol and was diving on the roadside while delivering the newspaper to the victim C in front of the Mat operated by the Busan Jin-gu Busan, Busan, and that the victim D (defluence, fluence, 30 years of age) was under the influence of alcohol.

Therefore, as the Defendant was able to attract one arms of the victim, and intruded the victim into the tent of the set, he was placed on the floor of the victim, placed the victim on the floor, kidd the victim's chest, kid the victim's chest, cut off the victim's will and clothes, cut off the victim's her bat, and put the finger into the part of the victim's bat.

Accordingly, the Defendant intruded on a structure managed by the victim C, and used a state of mental or physical loss or resistance impossibility to commit a similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in video recording CDs;

1. Statement made by the police against C;

1. Application of investigation reports (No. 4, 11, 14, and 17) and respective accompanying photographs, and each CCTV CD image statute;

1. Relevant legal provisions of the Criminal Act and Articles 299, 297-2 (a quasi-Rape) of the Criminal Act concerning facts constituting an offense, and Article 319 (1) of the Criminal Act (a point of intrusion upon a structure and a choice of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments for two similar rapes prescribed by the heavier punishment);

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. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a 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’s age and social ties; the record of crimes;