A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 6, 2015, the Defendant, including the victim, 4 women, 3 male members, and 1-day trip with the victim D (V, 35 years old and 35 years old) and Internet-friendly fluoraf, had 2-day trip with the victim.

From June 7, 2015 to 02:00 to 04:00, the Defendant, at the “G” room of the “F” pen located in Hongcheon-gun E, Hongcheon-do. The Defendant had sexual intercourse one time with the victim, taking advantage of the victim’s state of the victim’s inability to resist, booming alcohol together with the above one, and taking advantage of the victim’s desire to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Each police statement made to D and H;

1. The portion of the text message sent by J, among the above text messages, shall be excluded from the admissibility of evidence;

Judgment on Defendant’s argument

1. The summary of the argument is that the Defendant, under the agreement at the time of the instant case, did not reach the sex of the victim while under the influence of alcohol and it was difficult to do so.

In addition, the victim was not in the state of mental or physical disability or inability to resist, and there was no intention to rape against the defendant.

2. Determination

A. Under the relevant legal principles, the crime of quasi-rape under the Criminal Act is established by having sexual intercourse with a person’s mental or physical condition, and is protected to protect the sexual self-determination of a person who is incapable of sexual self-defense due to mental or physical circumstances.

Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of the person's mental or physical condition of refusing to resist shall be punished together with the crime of rape or indecent act by compulsion under Articles 297 and 298 of the same Act. Here, "the state of refusing to resist" means the state of refusing to resist, which is either psychological or physically impossible or considerably difficult because of reasons other than the mental or physical defect, in balance with Articles 297 and 298