A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

피고인은 2014. 8. 31. 10:30경 대전 중구 C에 있는 D모텔 207호에서, 술에 취해 잠을 자고 있는 피해자 E(여, 27세)의 하의가 모두 벗겨진 것을 보고 피해자에게 다가가 키스를 하고 가슴을 빤 다음, 피해자의 몸 위에 올라 타 피고인의 성기를 피해자의 성기 속에 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Reporting on the initial measures, reporting on an investigation, reporting on a telephone survey)-F for reference;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes concerning the Kakao content of E and F;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Determination on the assertion of the defendant and his/her defense counsel in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 defendant has no criminal record of the same kind; (c) the extent and expected side effects of the disadvantage and side effects of the defendant's admission due to disclosure order or notification order; and (d) the sentence to the defendant and registration of personal information can be expected to some extent to prevent recidivism

1. The defendant asserts that, at the time, the victim was not in a state of mental or physical disability or impossibility to resist, and that the defendant was aware that the victim was consented to the sex relationship, and that the defendant was sexual intercourse.

2...