A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a person working in the hospital department, who is a workplace of the victim B (the family name, the female, the age of 22).

On August 24, 2019, around 00:10 on August 24, 2019, the Defendant, at the Yangcheon-gu Seoul Metropolitan Government Maurbel, breadd the victim, who was unable to properly take the body due to the workplace ceremony, she exceeded all the clothes of the victim, and inserted her sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes to investigation reports (for instance, process of receiving evidence collection), investigation reports (for example, details of staff’s statement), investigation reports (STV image verification), materials attached thereto, investigation reports (for example, table of evidence Nos. 8, 9, 12, 13, 17, and 18), and attached materials (for example, table Nos. 8, 9, 12, 13, 17, and 18), investigation reports (Attachment

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

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 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Sex Offenses cannot be readily concluded that a defendant has the same criminal records and thus risks of recidivism; the personal information registration of the defendant against the defendant and attending a course of sexual assault treatment can be expected to a certain extent; the effect of preventing recidivism can be achieved by an disclosure order and a notification order compared to the disadvantages and anticipated side effects that the defendant will suffer; and other various circumstances such as the defendant’s age, occupation