A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a relative who is a husband of the victim C (here, 32 years of age) with the victim's husband or her husband.

On September 1, 2013, from around 00:20 to around 01:40, the Defendant, at the fourth Edidididi (DVD) room of the building D in Goyang-dong-dong-si, Manyang-si, the Defendant: (a) reported the victim under the influence of alcohol, and (b) reported the victim under the influence of alcohol, and (c) had sexual intercourse once with the victim, and (d) took advantage of the victim’s state of failing to resist.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning criminal facts;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

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

4. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 Children and Juveniles against Sexual Abuse is difficult to readily conclude that the Defendant had no record of criminal punishment prior to the instant crime; in the instant case, personal information registration and the completion of sexual assault treatment programs would have the effect of preventing recidivism by the Defendant to a certain extent; and in addition, comprehensively taking account of all the circumstances such as the relationship between the Defendant and the victim; the background leading up to the instant crime; the Defendant’s age, occupation, and family relationship; and the benefits expected by the disclosure order or notification order of this case; and disadvantages and side effects therefrom, the Defendant