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.

Criminal facts

On November 11, 2016, the Defendant discovered the victim E (n, 27 years of age) under the influence of alcohol in the vicinity of the D Building in Sungnam-si D Building, Around 02:10, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ by inserting the victim’s sexual organ into the victim’s negative organ at around 03:30 on the same day.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to E, H and I;

1. Each internal investigation report (verification of CCTV, inspection of CCTV in the G televers, and CCTV in the J church, etc.);

1. Each investigation report (the results of the CCTV investigation into DNA buildings, the attachment of specific suspects, CCTV image screen files, the emergency key analysis of sexual violence, and the results of genetic assessment);

1. The provision of medical records for the victims of sexual assault, the list of objects taken from the examination of the victims of sexual assault, the list of CCTV visual images taken from Gel CCTV, the Gel CCTV visual images, the visual images and field images of the DNA building, the visual images of the DNA building, the visual images of the DNA building, K, K, the gas station, K, L, K, J church, M, N, O CCTV visual images of the victim, the path to which the suspect moves after the crime was committed, the request for each appraisal, and the application of Acts and subordinate statutes related to the visual images of CCTV;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (applicable to any crime including any sexual crime before the crime in this case)

It is difficult to conclude, only the registration of personal information on the defendant, and the completion of sexual assault treatment programs.