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

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

Punishment of the crime

At around 08:00 on September 16, 2015, the Defendant drinked alcoholic beverages with the victim D (Woo, 33 years of age) who was known to Pyeong-gu, Sinyang-si C, Mangsan-si, and had sexual intercourse once with the victim, who was under the influence of so-called so-called so-called so-called so-called “E”, and the victim was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of alcohol and under the influence of alcohol, and had sexual intercourse once.

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. Partial statement of the defendant;

1. D's legal statement;

1. Statement by the prosecution concerning D;

1. Each investigation report (investigation into places of origin, and analysis and investigation of CCTV recording images at places of occurrence);

1. Application of the Acts and subordinate statutes governing video recording images CDs at the scene of occurrence;

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. Determination as to the assertion of the defendant and his/her defense counsel in full view of various circumstances, such as Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Exemptions from Notification Orders, 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 (the defendant has no criminal records against sex crimes; in this case, personal information registration and the completion of sexual assault treatment programs can only be deemed to have an effect to prevent recidivism by the defendant. Thus, it is judged that there are special circumstances that the defendant's personal information should not be disclosed or notified to the public

1. Unlike the statement made by the victim in the summary of the argument, the victim did not have been able to resist or resist at the time of sexual intercourse, and the sexual intercourse in this case is in accordance with the agreement between the defendant and the victim.

2. Determination.