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 December 2, 2017, at around 01:48, the Defendant stopped the Defendant’s C SP car in front of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, and the victim D (the 26-year-old age) under the influence of alcohol was aware that the Defendant was under the influence of alcohol and that the victim was under the influence of alcohol, while driving the said car in the light of Eunpyeong-gu, Seoul.

The Defendant, around that time, had sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ in a state where he cannot resist under the influence of alcohol in the above Eel F.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Application of investigation reports (referring to CCTV video files and caps that a victim gets on board a suspect's vehicle) and CCTV video-related Acts and subordinate statutes;

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. Comprehensively taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) 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 accused has no record of having been sentenced to the same kind of crime or imprisonment or heavier punishment prior to the instant crime; (c) the Defendant’s sentence, personal information registration, and sexual assault treatment program can only be deemed to have an effect to prevent recidivism; and (d) the Defendant’s age, family environment, social relationship, etc. may have an effect to prevent recidivism compared to the disadvantages and anticipated side effects that the Defendant may sustain due to an order to disclose or notify personal information, deeming that there is a special circumstance that the disclosure or

1. An order of restriction on employment;