A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On September 2, 2017, the Defendant added the Defendant’s sexual organ into the victim D (n, 31 years old), etc., where he was unable to walk properly while drinking for around 04:30 on September 2, 2017, the Defendant was working for the victim D (n, 31 years old) where he was unable to walk properly due to alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Articles 299 and 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 notify the disclosure of information and an order to restrict employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of criminal punishment, the fact that the defendant has no record of criminal punishment, the fact that the defendant's personal information is registered

In full view of the Defendant’s age, the type and motive of the instant crime, the process of the instant crime, the severity of the crime, the disclosure notification order and the prevention and effectiveness of the sexual crime subject to registration that may be achieved by the order of restriction on employment, etc., there are special circumstances in which disclosure of Defendant’s personal information may not be disclosed or restricted on employment.

In a case where a conviction is finalized on the criminal facts in the judgment that is a sex offense subject to the registration of personal information, the defendant constitutes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant constitutes the competent agency pursuant to Article 43