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A defendant shall be punished by imprisonment for not less than two years and six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
Around 00:00 on March 17, 2017, the Defendant: (a) placed the victim G (the 19-year-old) who was born at a university (the 19-year-old age) and the Habbbing to drink with a university-friendly H, and had the said university moved to the 12-story club of the said university.
The Defendant around the same day, even though there was an omission of time in the indictment, but the Defendant also was the fact of sexual intercourse with the victim from around 00:00 on March 17, 2017 to around 01:53 on the same day when the Defendant sent the J message to the victim. As such, there is no risk that the Defendant may actually disadvantage the Defendant’s exercise of his/her right to defense, and thus, the Defendant added “time” without going through the amendment process of indictment.
In the East Asia room, when H first returned home and left with the victim, the victim was broken down due to the defendant's act of drinking his chest while he was diving in the state of drinking, and the plaintiff was not resisted properly due to this act of failing to resist properly.
A statement, the prosecutor who was indicted on the basis of the victim’s statement stated that the alcohol was the cause of sexual intercourse, by filing a prosecution with the purport that “the victim was in a state of physical and mental loss or resistance impossible under the influence of alcohol.” After that, the prosecutor deleted the part of “mental and physical loss” because the Defendant’s act was not for the victim in a state of locked, and thus, the Defendant’s act was not for the victim under the influence of the victim’s sexual intercourse. The Defendant consistently resisted the victim’s above statement while consistently resisting the victim’s sexual intercourse, the victim was aware of the Defendant at the time, and was not in a state of resistance.
In light of the fact that there is no possibility that the defendant will suffer a substantial disadvantage by claiming the right of defense against the impossibility of resistance, the part of the "shicking" shall be added without going through the procedures of amendment to the indictment.