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 August 23, 2017, the Defendant, as the main store located in Jung-gu Seoul Metropolitan Government D, carried out the same club activity in the victim F (or 19 years of age) and the victim, who was drunk due to excessive drinking while drinking alcohol in the same Gu G, was in sexual intercourse with the victim’s clothes by taking advantage of the victim’s mental and physical loss due to drinking in an insular family room.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement made by the police with respect to F;

1. Each investigation report (referring to the investigation of the trade name and address of the telecom);

1. Application of Acts and subordinate statutes concerning the I conversation submitted to victims;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for a sexual crime; the Defendant’s age, social relationship, and characteristics of the offender, such as the Defendant’s age, social relationship, risk of recidivism, etc. recognized on the record; the motive, process, consequence, seriousness of the crime in this case; and the possibility of recidivism by imposing a sentence to the instant case and an order to complete a program may be sufficiently prevented.

On the other hand, due to the disclosure notification order, the degree and expected side effects of the defendant's disadvantage are very large.

Ultimately, even if considering the prevention effect of sexual crimes subject to registration that can be achieved by an order to disclose information, the personal information of the accused shall not be disclosed in accordance with the provision of the above Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 2, 201)