2. The defendant shall complete a sexual assault treatment program for 40 hours.

On December 10, 2016, the Defendant: (a) at the room located in Eunpyeong-gu Seoul Metropolitan Government, where the victim C (n, 21 years of age) was living in around 09:00 on December 10, 2016; (b) the facts charged in the indictment for mental and physical loss by the victim under the influence of alcohol are “non-fluence”; (c) However, in applying Article 299 of the Criminal Act, it is reasonable to deem that a person on the water surface falls under “non-fluence of mental and physical loss” (see Supreme Court Decision 76Do3673, Dec. 74, 1976).

As such, if a person intends to engage in sexual intercourse by taking advantage of this condition, the expression "non-rape" in the above ruling constitutes quasi-rape, even if it is erroneous, it is legitimate in the conclusion that the crime is quasi-rape." It is deemed that there is no substantial disadvantage in guaranteeing the defendant's right to defense even if he/she recognizes the crime without going through the amendment procedure of indictment

Using the state of human body, the victim's panty panty was put into the hands and the victim committed an indecent act twice.

Summary of Evidence

1. Part of the defendant's legal statement: The defendant was made at the place indicated in the ruling with the victim;

1. Each legal statement of witness C, E, and F;

1. Each police statement protocol against C and E;

1. C’s statement;

1. C’s investigative agency and legal statement of the victim of G dialogue are reliable in light of the following: consistency, logic, and accuracy of the part and the part of memory, the passage of time and the change in the reputation of the statement, whether the statement conforms to other evidence or social norms, such as the third party’s statement and the contents of the Mesenger’s statement, and the attitude of the court’s statement. Thus, the above evidence can be sufficiently recognized in light of the facts constituting the crime in the judgment.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

2. Reasons for sentencing under 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 sentencing guidelines shall be recommended and sentenced to imprisonment;