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 July 31, 2017, between 03:00 to 04:00, the Defendant, at the home of the victim D (n, 23 years of age) located in Bupyeong-si C, had the victim and the victim’s studio while drinking together with the studio of the victim and the victim, and had sexual intercourse by putting his sexual organ out of the victim’s inner part and panty, and inserting them once into the sexual organ of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of letters exchanged between the victim and the victim;

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. In full view of the Defendant’s age, environment, social ties, the risk of repeating a crime (no record of a sex crime) and the benefits expected by an order to disclose information, and the adverse effects and side effects thereof, there are special circumstances in which the disclosure of the Defendant’s personal information may not be notified, in light of the following: (a) the Defendant’s age, environment; (b) social ties; (c) criminal records; and (d) the risk of recidivism; (d) the benefits expected by an order to disclose information; and (e) the adverse effects and disadvantages therefrom;

[Judgment] Determination as to the defendant and defense counsel's assertion

1. The gist of the assertion was that the victim did not have mental or physical loss or resistance at the time of sexual intercourse with the Defendant, and the Defendant was only sexual intercourse with the victim and did not have sexual intercourse by taking advantage of the victim’s mental or physical loss or resistance impossible condition.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the victim was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental and physical loss or resistance, and the Defendant.