The defendant shall order the completion of a sexual assault treatment program for 40 hours.

The defendant and the victim D(n, 28 years old) are in conflict with each other at the E-dong Association.

On December 24, 2017, the Defendant: (a) around 01:30, at the G Campping 2nd floor located in Gangwon-gun F, the Defendant: (b) 01:30 on G Camp 2nd floor; (c) on the part of the victim, the victim under the influence of alcohol, and (d) exceeded the victim’s brogate by taking advantage of the victim’s brogate; (b) was forced to leave the victim’s chest as his hand; and (c) continued to be exempted from the victim’s brode and panty; and (d) was sexual intercourse once with the victim.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s “incompetence” condition in the case of loss of mental or physical capacity or indictment by the victim.

However, if the victim was diving, it generally constitutes a state of mental and physical loss (see Supreme Court Decision 2001Do3490 delivered on September 14, 2001), and if the victim had sexual intercourse with the victim.

In light of the facts stated in the above, it is deemed that there is no risk of causing disadvantages to the defendant's exercise of his/her right to defense even by adding "mental and physical loss or damage" to the facts charged.

The victim has sexual intercourse with the victim by taking advantage of the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. A protocol concerning the examination of suspect against some of the accused by the prosecution;

1. Each police statement made to I and J;

1. Investigation report (report on the results of the appraisal of evidence / Reporting on the results of the appraisal / Reporting on the results of the appraisal / Submission, etc. of victim DK conversation photographs);

1. A reply to each request for appraisal;

1. Determination on the Defendant and defense counsel’s assertion of each gene appraisal document

1. The summary of the assertion is that the defendant agreed with the victim, and physically contacted the victim by taking the victim's chest into his/her hands and leaving the victim in his/her hands, but there is no sexual intercourse with the victim.

2. In full view of each evidence of the judgment and the following circumstances known from the judgment, the Defendant is unable to lose his mind and body or resist due to locked.