A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

Defendant

In addition, around October 10, 2017, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") performed alcohol with the victim D (the victim D, 40 years of age) in front of the Seo-gu Seoul apartment 101 Dong, Seo-gu, Gwangju, with alcohol on October 13:0, 201. At the same place, the victim was able to resist due to a lock in the state of alcohol at the same place, and the victim's chest was forced by hand to commit indecent act against the victim.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes governing witness status;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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 information or an order to notify information, 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 (the effect of recidivism can be expected to a certain extent only with the registration of personal information of the accused and the completion of a sexual assault treatment program against the accused;

If the disclosure order and notification order take into account the degree and expected side effects of the defendant's disadvantage, the prevention effect of sexual assault crime subject to registration, the protection effect from sexual assault crime subject to registration, etc., as a whole, there are special circumstances in which the defendant shall not disclose or notify personal information.

3) Determination of the argument of the defendant and his defense counsel

1. The assertion;

A. The Defendant did not commit an indecent act by force against a victim who was under the influence of alcohol.

B. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by drinking alcohol.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court regarding whether the Defendant committed an indecent act by force against the victim, i.e., witness to the instant crime.