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.

Punishment of the crime

On July 24, 2017, at around 09:00, the Defendant: (a) was under influence of alcohol at the 1st floor of multi-household housing located in Seocho-gu Seoul Metropolitan Government, and (b) was off the victim’s OO (n, 19 years of age) and panty typ, and (c) went off the victim, who was under influence of alcohol at the 1st floor of multi-household housing located in Seocho-gu Seoul Metropolitan Government; (d) was her seated with the victim’s clothes off by shouldering the victim’s clothes, and her sexual organ was inserted into the victim’s sexual organ, thereby committing rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police againstO;

1. Written statements of D;

1. A response to a request for appraisal (D) and a report on an investigation (related to the results of appraisal with a country);

1. Medical records for victims of sexual assault;

1. Application of statutes on site photographs;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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 Special Cases concerning 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 an order to disclose or notify, and 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 (applicable to the defendant who had no record of criminal punishment prior to the crime of this case)

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

The effects of sexual violence crime prevention, etc. which can be achieved due to the disadvantage and anticipated side effects of the defendant due to the disclosure order and notification order are relatively low.

In full view of other circumstances, such as the Defendant’s age, occupation, family environment, social relationship, and motive, means, and consequence of the instant crime, the special circumstances that may not disclose or notify the Defendant’s personal information.