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

On March 6, 2018, at around 20:00, the Defendant drinkd with C with C who works as a marina in Gangnam-gu Seoul as well as C, a woman, around 22:00, and moved to E, around March 7, 2018, around 01:0.

The Defendant reported that the victim took away water from his ward and tried to drink alcohol with C, and attempted to have sexual intercourse with C, but C refused to do so, and C exceeded the victim's lower part of the ward at around 03:00 on the same day and 03:00 on the same day, and had sexual intercourse by inserting the Defendant's sexual organ into the ward.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A narcotics appraisal report, a legal chemical appraisal report, and a gene appraisal report;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to F dialogue photographs (Evidence No. 11);

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. The Defendant has no record of criminal punishment for a sexual crime before the instant case, and the Defendant has no record of criminal punishment for a sexual crime before the instant case, and only the sentence of imprisonment with labor, personal information registration, and completion of a sexual assault treatment program can prevent the recidivism, under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018).