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

On December 31, 2017, at around 01:35, the Defendant had sexual intercourse once with the victim’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ, she was drunkly drunk in a room where it is not possible to know within the Bupyeong-gu Incheon Bupyeong-gu Birel.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. A protocol of examination of part of the defendant by prosecution;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement made to C (tentatively named);

1. CCTV images to be cut;

1. CCTV CD (the defendant's defense counsel is the defendant's defense counsel, and this CD is the file which, with the approval of each CCTV owner or manager, copied the CD by using a camera, etc. and copied it to investigation agency's computer, and it is not admissible as evidence. However, the defendant argued that it is not admissible as evidence because it is not identical with the identity of the original and copy of the reproduced file (original). However, the defendant consented to use the aforementioned evidence as evidence on the second trial date. The evidence was examined on the fourth trial date, and the above argument was first written on October 12, 2018, which is the date of examination of evidence. In light of the defendant's statement, etc. that the CCTV image cannot be withdrawn, and it is true that the CCTV image is not different from the defendant's memory, and it is difficult to accept the above argument in full view of the circumstances that artificially fabricated the reproduced file as above.)

1. Application of Acts and subordinate statutes to a investigative report (Attachment to the contents of E message exchanged between the victim and the defendant accompanied by CCTV images around the telecom);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;