Attorney C, D

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

The Defendant introduced the Victim G (F, 25 years of age) as an employee of the financial institution (F) under supervision by the Financial Services Commission as a Grade 5 official belonging to the Korea Financial Services Commission, as the policy officer for small and medium-sized people E, and received the first introduction on the day of the instant case, and received the victim to drink with the intent of committing indecent acts and sexual intercourse.

1. Quasi-decent acts;

The Defendant, around April 25, 2016, at the “I” coffee shop in Jongno-gu Seoul, Jongno-gu, Seoul at around 22:40, committed an indecent act against the victim by drinking alcohol at the same time on the coffee shop, taking advantage of the fact that the victim G was in the state of mental disorder or failing to resist, making the victim be able to leave the court where he was present.

2. Quasi-rape;

On April 25, 2016, around 23:40 on April 25, 2016, the Defendant started working for the victim, etc. under the influence of alcohol as above, with ‘Loman bank' in 137 underground of the Jongno-gu Seoul Jongno K Building, and went back. In addition, the victim was under the influence of alcohol, using that victim was in the state of mental disorder or non-performance, so as to be under the influence of the victim, the victim was forced to enter the victim’s chest, prompting the victim’s body, she was cut down on a panty and panty, followed the victim’s sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, M, N, J.O;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's office and the police's statement concerning G;

1. Each police statement made to P, J, Q, M, N, andO;

1. Criminal place and each investigation report (Evidence No. 19, 23, 30, 32, 35, 37, 44, 47, 49);

1. Each gene appraisal report, each legal chemical appraisal report, and each narcotics appraisal report;

1. A written confirmation of counseling;

1. The details of the use of the victim card, the letter sent by the suspect to the victim, the letter sent by the defendant to the victim, the letter letter sent by the defendant to the victim, the order to submit the data for communication confirmation (the reply sent on November 15, 2016);

1. Details of letters exchanged with J division, letters and dialogues between a suspect and a witness, on-site photographs taken during the search and investigation, letters on which the victim is sent, coffee shop photographs, the place where the case occurred, and photographs surrounding the victim;

Judgment on the argument of the defendant and defense counsel

1. The assertion;

A. The Defendant did not have to sustain a victim as stated in the judgment of the court below, and the Defendant had sexual intercourse with the victim as stated in paragraph (2).

B. However, at the time, the victim did not have been in the state of mental disorder or impossibility to resist, and only seems to have been in the so-called blackout (Blakout, temporary memory accompanied by exploitation).

The defendant has sexual intercourse with the consent of the victim.

C. The Defendant did not have a criminal intent to have a sexual intercourse with the victim, recognizing the victim’s mental or physical disability or non-performance of defense.

2. Relevant principles;

In the Criminal Act, the crime of quasi-rape or quasi-indecent act is established by having sexual intercourse or indecent act taking advantage of the mental or physical condition of a person's mental or physical condition, and the protection of the right to sexual self-determination is to protect the person who is unable to defend himself/herself. In light of such legal interests, the term "non-defluence" in this context refers to a situation in which normal judgment concerning sexual acts cannot be made due to mental or physical disorder or food disorder, i.e., the other party is in defris or has defrised (see, e.g., Supreme Court Decision 76Do3673, Dec. 14, 1976). Even if he/she temporarily lost consciousness or has not lost a complete consciousness, it shall be interpreted that the state in which he/she is unable to exercise his/her normal response, coordination ability and ability to judge his/her sexual act on the ground of drinking, etc., and the term "non-disfluence status" refers to cases where psychological or absolute causes other than the above mental disorder.

In addition, where the defendant denies the criminal intent, the facts constituting such subjective elements have to be proved by the method of proving indirect facts or circumstantial facts having considerable relevance with the criminal intent due to the nature of things, and what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the connection status of facts by observing and analyzing closely based on normal empirical rule (see, e.g., Supreme Court Decisions 2002Do6103, Jan. 24, 2003; 2006Do8645, Feb. 23, 200).

3. Determination

Comprehensively taking account of the following circumstances acknowledged by evidence, it is sufficiently recognized that the defendant committed indecent act and sexual intercourse with the victim as stated in each criminal facts in the judgment of the court, and the victim was in the state of mental or physical disability or non-operance under the influence of alcohol, and the defendant was aware of the state of his or her intention to commit indecent act and sexual intercourse with him

(a) Relationship between the defendant and the victim;

1) The Defendant and the victim were first met on April 25, 2016, the day of the instant case. The Defendant is an official of the Financial Services Commission, and the victim is an employee of F, the relevant agency.

2) Both persons are unmarried. At the time of the instant case, the Defendant had been in a state where he tried to take the rights and duties for two years with a female-friendly room (around the instant case, the Defendant did so again). However, the victim had a separate male-friendly room that was deceased at the time.

3) The Defendant had been aware of the F division with the F division. Before the instant date, the Defendant agreed to meet the two directions. However, the J thought that the Defendant and the victim were introduced to this opportunity and tried to go back to the victim. The victim did not so so, but did not refuse the solicitation of workplace commercialJ, and did not go to the Defendant.

4) Therefore, from an objective point of view, the Defendant and the victim appear not to have satiss or satiss at the coffee shop which was first made public at several hours, and there is no special reason to do so.

(b) The details of remaining and drinking, and the state of the victim;

1) On April 25, 2016, the day of the instant case, around 18:30 on April 25, 2016, the victim and J had first arrived at the SS restaurant located in Jongno-gu Seoul, Jongno-gu, Seoul, and had the Defendant drink and beer, and the Defendant arrived at approximately 30 minutes after around 30 minutes. The Defendant, the victim, and the J have drank the 4 illness, the 3 illness, and the 21:25 illness of the same day.

2) The Defendant, the victim, and the J shall be transferred to the drinking house of “T” until 22:30.

The drinking of a second-class illness is the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

3) The victim stated that “the victim’s level of self-refluence was satched, but does not seem to be satisfy,” with respect to his own quantity. However, at the time, the victim stated that the victim 3-4 remaining alcoholic beverages mixed with the beer and beer before the arrival of the defendant in the first drinking place, and that he she dats several remaining alcoholic beverages in "T, the second drinking place after arrival of the defendant.” Considering the fact that the total amount of drinking by the defendant, the victim and the J is equal to the objective fact, and the victim seems to drink a large amount of alcoholic beverages exceeding the usual amount of alcoholic beverages at the time, taking into account that the total amount of drinking by the defendant, the victim, and the J is equal to the total amount of 7 and 3 kinds of alcoholic beverages in total.

4) At around 22:30, the Defendant, the victim, and the J dice 3 remains at a coffee shop, i.e., “T” (at least two stores exist between them) and immediately adjacent to the Defendant. At these times, J left the Defendant and the victim in the coffee shop and returned home first to the Defendant and the victim. The Defendant and the victim 23:00, which is the closing time of the coffee shop, went back at the coffee shop beyond the amount of money. At this time, the Defendant and the victim were seated in the coffee shop. At this time, even if based on the Defendant’s statement, the victim expect at least head to the wall or dice the Defendant’s shoulder.

5) At a coffee shop, the Defendant, along with the victim, carried a taxi from the street to the victim and entered the “Ling shop” in the direction to the victim. In this case, the Defendant was working and her stairs. The Defendant ordered two bottles, and she was staying in a singing room for 30 minutes.

6) In the singing room, the Defendant had sexual intercourse with the victim as indicated in the facts constituting the crime in the judgment, and the victim discussed while the Defendant discontinued sexual intercourse and cut off the surrounding soil and sand. The Defendant settled with the victim’s card and singing with the victim. 1)

(c) Circumstances of returning home after singing;

The Defendant carried the victim into the taxi and moved the victim house in Seocho-gu Seoul Metropolitan Government.

However, as the victim was unable to find a house in front of the apartment complex, the defendant called the victim's cell phone to the father of the victim. The victim's father was transferred to the victim's father before the guard room and went back to the house.

(d) Visit to the Marine Flag center and crymatization;

1) Around 05:00 on April 26, 2016, the victim was shouldered at locking, but the part of Blost’s scam was scam and the part of his clothes was found to be in her tam. At around 07:26, the victim asked the Defendant’s contact by sending text messages to J. At around 08:26, the victim asked the Defendant’s contact address. At around 08:22, whether the Defendant was “a person who was in scambson by sending text messages,” whether she did not have been her father, whether she did not have been her father, and whether she had been working for any person.”

2) On the other hand, at around 09:45, the victim visited the Seacare Center located in Seoul National University Hospital and collected evidence for counseling on sexual assault damage and genetic assessment, etc. A according to the counseling records at the time, the victim stated that the victim was singinging out and singinginging out his/her sexual organ at the same time, and that it is difficult for the interested parties to singing out his/her sexual organ at the same time and inserted his/her sexual organ at the same time. In addition, the victim complained of the examination and treatment for the prevention of pregnancy, securing evidence for the prevention of harm caused by workplace-related persons, and concerns about the progress of the case.

3) As such, the victim was unable to associate with the situation on the day immediately following the day, and consulted with him as at the time his memory or suspected. However, at the time, only put in doubt only of sexual intercourses, but did not become aware of indecent conduct in the coffee shop (this part was revealed in the police police’s process of investigating coffee shop).

(e) Results of appraisal;

As a result of the appraisal by the Seoul Research and Investigation Agency of the Seaba Center, the results of the appraisal by the Seoul Research and Investigation Agency of the Seaba Center showed that the NA was detected in the chest of the victim, and the 2) the Z was detected in the body of the victim, but the me was not discovered in the body of the victim, but the me was detected in the me.3) The results of the above DNA appraisal were around June 8, 2016, and the victim was notified of the results of the inspection around June 13, 2016.

F. Details and credibility of the victim’s statement

1) After the result of appraisal, the instant investigation was commenced in full scale. However, even after the investigation was conducted on July 8, 2016, the victim had been passive in the investigation because it could have been known around the case at the time of the investigation. Moreover, even if the victim was aware of the case at the time of the investigation on July 17, 2016, the victim actively started the investigation while wanting to punish the perpetrator and receive apology.

2) The victim is consistent from the investigative agency to this court to consistently stated that it is not memory from the next day. The victim made a statement to the effect that she thought that she was rape by putting put in put in put in put in place, such as blusium inserted behind the Defendant, due to the following day. The victim made contact with the J on the next day, identified the Defendant’s contact, identified the Defendant’s contact, and asked the Defendant whether the Defendant was unsaton on the day of this case. The victim’s statement is consistent with the victim’s statement that there was no memory on the next day.

3) The content of the victim’s statement is consistent, and there is no doubt that it is particularly false in line with the objective situation and the statement of the witness. In addition, in light of the progress of the investigation as seen above, there is no motive or reason to mislead the Defendant by making a false statement even when the victim is at risk of being at a disadvantage in his/her personal status.

(g) Statement of witnesses;

The statements of the witness or witness in this case are as follows. Such statements are consistent with various different circumstances and with the statements of the victim, and there are no circumstances to suspect that they are false, and there is no reason to make false statements.

1) N, an employee of "T where the second drinking place was the employee of "T", stated to the effect that "W was unable to provide guidance to mixed people when the victim takes a large amount of drinking." The witness bleeps the horse, blicket, and blicks on the dubed and dubed on the dub, so as to memory accurate situations. The defendant said that "the victim was under the influence of alcohol, so he called blicking on the dub."

2) 'I' 커피숍을 운영하는 M, Q은 '피해자가 만취해 있었다. 3명 다 술에 취해 있었는데, 피해자가 더 취해 있었다. 주문할 때부터 눈이 반쯤 감겨 있었고, 나갈 때까지 전혀 말을 하지 않았다. 피해자는 자리에 앉을 때 정상적으로 몸을 가누면서 앉은 것이 아니라 힘없이 푹 앉는 모습이었다. 피해자가 2층에 있는 화장실에 가면서도 비틀 거리고 계단이나 벽에 우당탕탕 부딪히는 소리가 나서 가보라는 말을 할 정도였다. 피해자는 아무런 말을 하지 않고 고개를 계속 숙이고 있었고, 피고인은 (일방적으로) 키스를 하고 있었다. 키스를 계속할 때 피해자가 어떤 움직임도 없었다. 피해자가 너무 취해서 가만히 있었던 것으로 생각된다. 가게에서 그 정도의 스킨십을 하는 사람이 없었는데 그 날은 상황이 특이했고 (M, Q이) 서로 이야기를 많이 해서 정확하게 기억한다. 우리가 보기에 민망하였다. 가게를 정리하고 밖으로 나왔을 때 피해자는 옆 가게 셔터에 기대어 있었다'라는 취지로 진술하였다.

3) In this case, the Defendant and the victim were only 30 minutes, but they were the first time. The Defendant and the victim did not memory. The Defendant and the victim stated to the effect that the male was aware that the calculation was made by the first card, and that the male was not made, and that it was 5 minutes after having a studio, and that it was 5 minutes after having another card, and that it was 10 minutes after having another card, and that it was 5 minutes after having come to the same as female.

4) The victim P, who was the victim, had "the defendant moved in front of the victim's house," and the defendant and the victim were living in front of the guard room. The victim was accommodated in the stairs, and the victim was sleeped with her head, and the witness was sleeped with her body, and was sleeped with her body, and was sleeped once again. The witness was a witness even though she was slick. While the slick was flick, the slick was a witness, but a lot of slick was blicked. The slick was flicked in the slick, and the slick was slicked and slicked without being flicked in the slick.

H. The defendant's attitude and the credibility of his assertion after the case

1) 피고인은 이 사건 다음날 아침 피해자로부터 '어제 무슨 일이 있었는지' 묻는 문자를 받았을 때 '피해자가 실수한 것은 없다. 피해자가 너무 토를 많이 하여 좀 쉬었다 갈라 그랬는데 마땅한 데가 없어서 노래방에 앉아 있었는데 또 계속 토해서 노래방에서도 결국 나가라고 해서 택시를 타고 반포역에 왔다. 아버님이 젠틀하게 악수도 건넸다'라고 답하였다.

2) After the instant case, the Defendant made a false statement to the effect that he did not “the victim did not do anything,” while making a false statement. However, after the result of the appraisal by the National Scientific Investigation Agency, the police investigation was commenced in full scale, the Defendant expressed that he/she would appoint an attorney at the time of the first investigation by the police on July 20, 2016, and was suspended the investigation, and was subject to a secondary investigation in the presence of his/her defense counsel on July 21, 2016, and the Defendant was under the second investigation in the presence of his/her defense counsel on July 21, 2016. In this case, the Defendant recognized both the instant quasi-indecent act and the charge of quasi-rape. Moreover, even during the third investigation conducted on August 4, 2016,

3) After July 21, 2016, the Defendant received the investigation as above, and told the victim that he was investigated into the police, and all of the truth. The Defendant sent several text messages stating that he was found to have committed a crime that is unable to end, and that he was aware of his mistake, and that he was changed to read. On July 29, 2016, the Defendant sent letters to the victim, who was knee and kneeled.

4) However, on August 23, 2016, a new counsel was appointed and actively denied the crime. The purpose of the crime was that “the victim was satisfying and did not have the state of mental disorder. There was a fact that the victim was satisfying and satching in the coffee shop, and that the sexual intercourse in the singing room was naturally conducted with the consent of the victim.”

5) However, in light of the fact that the Defendant’s attitude and statement after committing the crime are objectively not consistent and do not fit social norms, the Defendant’s assertion is difficult to believe.

I. Sub-committee

1) As seen above, the relationship and personality and conduct between the Defendant and the victim, the degree of the victim’s drinking on the day of the instant case, the victim’s drinking volume and the degree of the taking-out, the victim’s appearance and movement, and the victim’s appearance and movement. At least, there was no normal dialogue since the Defendant and the victim left in the coffee shop, the victim did not look at his own house and find his house thereafter, and the circumstances before and after the time of the instant case were considered in full. In full view of all the circumstances at the time of the instant case, the victim appears to have been under the influence of alcohol and without normal response and coordination ability and judgment ability. Although the Defendant and the defense counsel asserted that the victim was “boomed.” However, in this case, it cannot be viewed that the victim was unable to memory the victim later even though the victim had sexual contact and sexual intercourse in the coffee shop under the agreement on normal judgment.

2) In full view of all the above circumstances, although the Defendant voluntarily withdrawn from alcohol to a certain extent, the Defendant appears to have taken advantage of the victim’s awareness that he/she had been in the above condition.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 299 and 298 of the Criminal Act (the point of quasi-indecent act, the choice of imprisonment), Articles 299 and 297 of the Criminal Act (the point of quasi-indecent act)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the extent that the sum of the long-term punishments prescribed by the crime of quasi-rape with heavier punishment is added to the punishment)

1. Order to complete programs;

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

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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the first offender, the registration of personal information and the completion of sexual violence programs can be seen to have an effect to prevent recidivism of the defendant to a certain extent, and other circumstances revealed in the records, such as the defendant's age, occupation, family relationship and social relationship, the crime of this case, the details and circumstances of the crime of this case, the profits and preventive effects expected by an order to disclose or notify the defendant, and disadvantages and side effects resulting therefrom, the disclosure or notification of personal information shall be deemed to have been prohibited)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 40 years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of quasi-rape;

[Determination of Punishment] General Criteria for Sexual Rape (subject to 13 years of age or older)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, Imprisonment for 2 years to 5 years

(b) Quasi-indecent acts;

[Determination of Type] The general standard for the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months of imprisonment to 2 years

(c) The standards for handling multiple crimes: Three to six years of imprisonment (the lowest limit of the applicable punishment in law is higher than the minimum limit of the recommended punishment in that the minimum limit of the applicable punishment in law is above the minimum limit of the recommended punishment, and the upper limit of the applicable punishment is five years for basic crimes + one-half of the upper limit of the additional crime); and

3. Determination of sentence;

[3] The Defendant: (a) had sexual intercourse at the place of meeting with the victim, who had been under the influence of alcohol at the time when the victim was drunk, was in a state of mental or physical disability, or of failing to resist; and (b) had sexual intercourse with singing and singing. The nature of the crime is considerably bad. The victim, who was under the instant physical and mental impulse due to the instant crime, appears to have been given considerable physical and mental shock, and the subsequent legacy seems to have been reasonable. Nevertheless, the Defendant was in a false manner at the time of the instant investigation; (c) when the instant investigation was conducted, the Defendant committed the instant crime and caused secondary damages by unduly contacted the victim by taking advantage of a letter while taking advantage of the victim’s name and taking advantage of the victim’s name. After changing the position, the Defendant did not agree with the victim or not have been used until the date when the victim was under normal judgment.

[Lied circumstances] The instant crime appears to have been committed by the Defendant in a state of alcohol to a certain extent. The Defendant is a primary offender who has no record of criminal punishment, and the growth background, academic background, career, occupation and family relationship, and other social ties are good.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the arguments in this case, such as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and result of the crime.

Registration of Personal Information

Where a conviction against a defendant becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of

It is so decided as per Disposition for the above reasons.

Judge Choi Min-man

Judges Kim Gin-han

2) Thereafter, the Defendant’s DNA was found in the gene assessment report of August 17, 2016 by the National Institute of Scientific Investigative Research.

3) According to the above chemical appraisal statement, green and net mixed are used respectively as rubber exploitation prevention agents and leaps, and the detection of Red Sea Ingredientss is limited to the same time as melting and net mixeds are detected, and the time of collection, washing, etc. may not be detected. The actual mix is a liquid liquid used as leapsing agents of female products, cosmetics, waterproof agents, oil and red sea, etc. In the event the actual mix is detected, it is difficult to discuss whether the mix is used as the mix, and it is difficult to discuss whether the mix is used as the mix, and it should be comprehensively determined in light of the victim’s documents, the circumstances at the site of the case, etc.

4) The Defendant and his defense counsel asserted that the victim’s statement was not reliable on May 12, 2016 by deeming that the victim first called the Defendant at around 22:56. However, the result of appraisal was prior to the victim, and the Defendant did not have any way to the victim. As such, the victim’s behavior was in a situation where the victim’s statement was made with the intent that it was false, there is no influence in determining the credibility of the victim’s statement.