A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On November 19, 2019, the Defendant: (a) was a person who works as an employee at the “B” restaurant located in the Nam-gu Incheon Metropolitan City, and completed his work on November 23:20, 2019, and then discovered the victim C (tentative name, mar, 29 years old) under the influence of alcohol in the vicinity of the above restaurant, and confirmed that the victim was completely aware of the victim’s surrounding areas, and then, was able to have sexual intercourse in his/her own house.

On November 19, 2019, at around 23:30 on November 23:3, 2019, the Defendant: (a) laid the victim on the back seat; (b) laid the victim’s own residence located in the building D subparagraph of the building in Southern-gu Incheon Metropolitan City; (c) laid off the victim on the bed; (d) laid off the victim’s clothes on the bed; and (e) laid down the victim’s clothes fit the victim’s entrance; and (e) laid the victim’s chest and negative part into the part of the victim’s sound, thereby having sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each gene appraisal report;

1. Each investigation report (as to the victim's telephone conversations, etc. with respect to the statement of the suspect at the time of his/her specific location and the first face-to-face meeting, the background of voluntary behavior

1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The fact that the accused does not have a criminal record of being punished for the same kind of crime under 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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the accused’s sentence and order to complete a sentence against the accused, an employment restriction order, and a registration of personal information