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

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

Punishment of the crime

At around 03:00 on November 6, 2015, the Defendant, who drinking alcohol at the defendant's house located in C and 101 Dong 1, carried out drinking in the side of the victim D (the age of 27) who was the birth in a de facto marital relationship of the defendant's de facto marital spouse, who was living together in the ward of the defendant's house located in C and 101 Dong, and only carried the victim's left chest with the victim's left chest, and the Defendant was able to put his hand in the victim's panty.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Legal statement of the witness D;

1. Written statements made by the police and the prosecution with regard to D;

1. Recording notes;

1. Application of Acts and subordinate statutes to telephone recording CDs and recording notes;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered 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 (in consideration of the fact that the Defendant is the primary offender, the form of the instant crime, the relationship with the victim, etc., the Defendant has a criminal tendency toward an unspecified number of victims;

It is difficult to conclude that in this case, only the registration of personal information and the completion of sexual assault treatment programs can prevent the defendant from repeating the crime to a certain extent.

In full view of all the circumstances, including the Defendant’s age, occupation, process and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the instant disclosure or notification order, the preventive effect of sexual crimes that may be achieved therefrom, and the effect of protecting the victims from sexual crimes.