A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On November 24, 2017, the Defendant, at the “C cafeteria” located in Daejeon Jung-gu, Daejeon on November 24, 2017, drinked alcoholic beverages with the victim D (n, 22 years of age). The Defendant, while under the influence of alcohol, had the victim been able to be able to be able to be able to fright in the inside room of the Daejeon Jung-gu Ecom, and had the victim sexual intercourse.

The Defendant exceeded panty and panty of the victim under the influence of alcohol, and had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim after the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statements from witnesses D and F;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of reference witnesses by the prosecution concerning D;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to investigate reports (Attachment of a copy of sales slips), and output of a copy of sales slips;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Determination as to the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc.

1. At the time of the instant case, the victim did not have a mental or physical loss or resistance.

The victim followed the defendant and voluntarily went to the her motherel, and tried to make sexual contacts first.

Accordingly, the defendant was unable to engage in sexual intercourse with the victim by discontinuing him/her as a person who was unable to engage in sexual intercourse with the victim.

2. Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits an indecent act by taking advantage of the person’s mental or physical loss or incompetence status shall be punished as the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act.

The above crime is a legal interest that protects sexual self-determination rights to a person who is unable to defend himself/herself due to mental and physical reasons (Supreme Court Decision 200. May 1, 200).