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 October 27, 2018, at around 23:50, the Defendant placed the Defendant’s sexual organ in the mouth of the victim C (21 years of age) who is a military police officer who is under the influence of alcohol, and had similar rape by inserting the Defendant’s fingers into the victim’s resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. A investigation report (CCTV verification, etc.);

1. Application of statutes governing field CCTV images;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) 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 addition to the instant case, the Defendant has no record of punishment for sex crimes; and (c) it is difficult to readily conclude that there is a risk of recidivism against the Defendant; (d) personal information of the Defendant and orders to complete sexual assault treatment programs, which are anticipated to have the effect of preventing re-offending; and (e) other circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (e) the benefit and effect expected by the disclosure order or notification order; and (e) the disadvantage and anticipated side effects of the Defendant resulting therefrom, it is determined that

1. Determination as to the assertion by the Defendant and the defense counsel in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare

1. The gist of the assertion is that the victim first gets the Defendant’s sexual organ at the time of the instant case.