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 operates the "C" in Namyang-si B, and the victim's OO (n, 20 years of age) has worked as a part-time employee at the above restaurant.

On January 30, 2018, the Defendant, along with the victim who first arrived at around January 30, 2018, sent alcohol at the above restaurant after the completion of the business, and, from around 02:55 on the following day to around 05:00 on the southyang City, had sexual intercourse with the victim out of the victim’s clothes by taking advantage of the victim’s insane condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of OO;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Reasons for sentencing of a criminal defendant's personal information is deemed not to be disclosed or notified in full view of various circumstances, such as the background of the crime of this case, the defendant's age, character and conduct, social ties, criminal records (no record of sexual assault crime), the risk of recidivism, the effect of disclosure or notification order, disadvantages and side effects of the order, etc.

1. Scope of applicable sentences under law: Three years to thirty years; and

2. The recommended range of punishment according to the sentencing guidelines [the determination of types of punishment] is the recommended range that there is no type 1 (general rape) (general rape).