A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The defendant, in relation to the operation of the main place, d(n, 28 years of age) and the persons related to the main place including the victim D(n, 28 years of age), dice together with the meals, and the victim decided to have sexual intercourse with the withdrawal of alcohol.

At around 21:30 on May 11, 2013, the Defendant: (a) in a room where the number of “Felher” located in Gangseo-gu Seoul Metropolitan Government E is unknown, the Defendant, under the influence of alcohol, deemed that the drunk victim was diving on the bed, and was unable to resist; (b) exceeded the victim’s will and clothes; and (c) added the Defendant’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The defendant's rebuttal;

1. Application of Acts and subordinate statutes to a criminal investigation report (case of a reply to a request for appraisal), an appraisal report, a criminal investigation report (to be accompanied by text messages exchanged between a victim and a witness H), an investigative report (to be accompanied by a text message exchanged between a victim and a witness), an explanatory transmission report (one copy of a request for appraisal, and one copy of an appraisal report) (No. 6, 7, 12, 14, 17);

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

2. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

3. The issue of whether an order to disclose or notify personal information constitutes “any special circumstance to be prohibited from disclosing or notifying personal information” under the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which an order to disclose or notify is exempted, is based on the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness, etc. of the offense, characteristics of the offense, such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, prevention of sexual crimes subject to registration, and sexual crimes subject to registration.