A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

[criminal records] On May 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. at the Gangnam District Court Branch Branch, and the execution of the sentence was completed at the Gangnam Prison on August 28, 2016, and the judgment became final and conclusive on November 17, 2016.

[2] The Defendant, from around 03:30 on August 10, 2017 to around 04:00 on the same day, had been aware of the fact that the Defendant, from around 03:30 on the same day, 601 of the DNA telecom c in Gangnam-si, and the victim E (the name of the household, the female, the age of 18) who is a guest, was drunk and was in the process of collecting the keys of the above telecom 1st floor.

601 Keys of room 601

601 The entrance was opened and intruded into the entrance, and the victim was exempted from the lower part of the victim under the influence of alcohol and had sexual intercourse once with the victim under the influence of alcohol.

Accordingly, the defendant infringed on the room possessed by the injured person, and sexual intercourse with the injured person by taking advantage of the victim's non-opportunable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Ten on-site photographs, 10 copies of investigation reports (as a result of the analysis of video data of the black stuffs, and attachment of data), each black stuff image data, photographs (including voice conversations contents), black stuffs, CD 1 (Recid) video data, investigation reports (additional analysis and attachment of video data of the black stuffs), one CD of the black stuffs, investigation reports (as a result of the analysis of video data of the motion picture of the motion picture), one copy of cell phone image CD submitted to the suspect;

1. Written replys to requests for appraisal by the National Institute of Scientific Investigation;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of personal confinement, and application of each written judgment;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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