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

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged were revised in accordance with the evidence relationship.

On September 14, 2017, at around 06:50, the Defendant, at the dwelling space of Seongdong-gu Seoul Metropolitan Government, performed drinking together with C and his introduction, from the dwelling space of the victim D (the name of the victim, the 27 years old), the Defendant, while drinking together with C and his introduction, was under the influence of alcohol. The Defendant, under the influence of alcohol, entered the bed by the victim, went off the panty of the victim under the influence of alcohol, and inserted the sexual organ of another Defendant on the part of the victim into the negative part of the victim. Accordingly, the Defendant continuously inserted the Defendant’s sexual organ into the part of the victim by hand so that the victim’s body could not be divided into the victim’s body, and then she continued to put the victim’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with a victim who is not capable of resisting.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the prosecution or the police concerning the accused in the suspect examination protocol;

1. The statements made by the prosecutor's office and the police in relation to D [the victim has consistently made a statement at the investigative agency that "the defendant has inserted his or her sexual organ in a state where he or she had already inserted his or her sexual organ," and the defendant also stated in this court that "the victim does not expressly consent to it, but misunderstanding the sound made in his or her lock."

In full view of these statements, it can be acknowledged that the defendant has sexual intercourse with a victim who is an uncompeting victim under the influence of alcohol.

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. The punishment, etc. of sexual crimes exempted from disclosure orders or notification orders;