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

The defendant shall complete 40 hours of sexual assault treatment program.

Punishment of the crime

The Defendant is a victim B (n, 23 years of age) and a post-university relationship.

On May 28, 2020, the Defendant, at around 00:53 on May 28, 2020, drinked alcohol with the friendships of the victim and the victim at E University located in Suwon-gu D, Suwon-si, and then moved from the above main points to the friendships of the victim and his friendships, such as the victim and the victim’s friendships, and subsequently, the Defendant went further to drink the victim’s friendship and additional alcohol at the victim’s place.

Since then, the Defendant refers to the victim's relative-gu "which must work in a manner that he is able to sleep," and the victim's relative is placed on the floor, and the victim's relative is left behind the victim's room on the same day, and 02:0 to 04:00 on the same day, the victim, who was diving as above, forced her to talk with the victim's chest, and had sexual intercourse by inserting the victim's sexual organ into the part of the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Protocol of seizure and list of seizure of the defendant's partial statement, witness B, and H's respective legal statements;

1. Application of Acts and subordinate statutes to each investigation report, each sexual assault victim, each request for appraisal of medical records, each report on request for appraisal, and photographs of the place of crime;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Disclosure Order and Notice Order, Exemption from Employment Restriction Order, etc., proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Jun. 2, 2020).