A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On April 2, 2014, from around 04:00 to around 05:00, the Defendant had sexual intercourse by inserting the sexual organ above the victim’s body into the victim’s sound book, taking into account that the victim D (the victim, 19 years old, 19 years old, 19 years old, 19 years old) was under the influence of alcohol and was in a state of resistance.

Summary of Evidence

1. Statements made by witnesses D in the first public trial protocol;

1. Statement made by the prosecution and the police with regard to D;

1. Complaint;

1. The application of Acts and subordinate statutes to each investigation report (to hear statements from witnesses E) (to report on the hearing of statements from witnesses F);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

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 information, an order to notify, and an order to restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 56(1) (the crime of this case is not an offense against many unspecified persons; the defendant has no record of punishment for a sexual crime; the defendant’s personal information registration of the defendant against the defendant; and the completion of a sexual assault treatment program is likely to have the effect of preventing re-offending; and other circumstances, including the defendant’s age, family environment; circumstances leading to the crime of this case; disclosure order and employment restriction order, expected side effects and expected side effects of the defendant's personal information disclosure; benefits expected therefrom; and effects of the prevention of sexual crimes, there are special circumstances under which the disclosure of personal information of the defendant should not be ordered.

3) Judgment on the argument of the defendant and his defense counsel

1. The summary of the argument was that the victim was not in a drunken state at the time of the instant case, and the Defendant was sexual intercourse under the agreement with the victim.

2. The judgment of this court was examined by this court.