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

1. On July 14, 2018, around 01:30 on July 14, 2018, the Defendant: (a) reported that the victim D (the name, the age of 23) who was present at the immediately preceding drinking place in Bupyeong-gu, Incheon, Bupyeong-gu Bel C was drunk and was able to sleep in the bed in the bed; and (b) the victim exceeded the victim’s clothes and had sexual intercourse once with the victim.

2. Around 04:00 on July 14, 2018, the Defendant had sexual intercourse once with the victim under the influence of alcohol at the places specified in paragraph (1).

Accordingly, the defendant has sexual intercourse with the victim on two occasions by taking advantage of the victim's mental or physical condition of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; it is difficult to readily conclude that the Defendant has no history of criminal punishment; the Defendant is likely to repeat a sexual crime; the completion of a sexual assault treatment program; restrictions on employment; and the registration of personal information appears to have the effect of preventing recidivism; the Defendant’s age; the type, motive,