Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall order the defendant to complete 80 hours of sexual assault treatment programs.

Criminal facts

On May 29, 2013, the Defendant, at around 00:30 on May 29, 2013, sent alcohol to the Victim E (In addition, 19 years of age) with the victim E (i.e., “D”), and (ii) the victim, who was only withdrawn, was 306 “Gel” located in Gwangju-gu, Gwangju.

In addition, at around 01:30, the Defendant, at his guest room, exceeded the clothes of the victim who was locked under the influence of alcohol, and took the fright to walk, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (No. 7 No. 5 of the evidence list);

1. Determination on the Defendant and defense counsel’s assertion on the closure screen by the Kakao Stockholm

1. The summary of the argument was only a sex relationship under an agreement with E, and did not have sexual intercourse with E in a state of impossibility to resist.

2. The statements made by the victim's investigative agency and court that correspond to the facts charged in this part of the judgment are reliable in light of the following circumstances (a recognized fact or a judgment based thereon) revealed through each evidence investigated by this court. Accordingly, the defendant is determined to have quasi-rapeed the victim as stated in its reasoning.

피해자는 수사기관과 이 법정에서, “피고인에게 신체 접촉을 하지 않기로 약속받고 피고인을 만나 많은 양의 술을 함께 마시게 되었다. 그 후 술에 취해 일부 기억이 없으나, 피고인의 차에서 잠이 들었고 모텔로 가서 그 모텔 객실 침대 위로 쓰러져 다시 잠이 들었는데 피고인의 간음으로 인한 음부 부위의 통증으로 잠에서 깼다.“는 취지로 일관되게 진술하고 있다.

나. 피해자와 피고인이 이 사건 다음날까지 ‘카카오톡’ 문자메시지로 나눈 대화 내용 ‘카카오톡’ 문자메시지에는 이 사건 당일 피해자가 피고인에게 “터치도 안한다햇자나ㅠ”라고 따지자 피고인이 "ㅠㅠ...