A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On March 29, 2020, at around 05:15, the Defendant returned to the house of the victim C (a family name, 23 years of age) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Ma-gu, Ma-gu, Ma-gu, and Ma-gu, E returned to the house, and E was locked from the room floor, and was under the influence of alcohol, she was off off the part of the victim's bar and panty, and added the Defendant's sexual organ into the part of the victim's sound.

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. Statement to C by the police;

1. C's written statement;

1. A request for appraisal;

1. Medical records for victims of sexual assault;

1. Application of the statutes on photographs of victims, witnesses E, and suspects;

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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 fact that the defendant is the first offender, the sentence against the defendant, the registration of personal information, and orders to complete sexual assault treatment programs alone appears to have a certain degree of effect on the prevention of recidivism, and other special circumstances such as the disadvantage and anticipated side effects to be borne by the defendant due to an order to disclose or notify information, and the age, environment, etc. of the defendant should not be disclosed or notified);

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months to fifteen years;