Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 6, 2014, the Defendant had sexual intercourse by taking advantage of the victim’s mental and physical condition by exceeding, and having sexual intercourse with, the victim D (Influent, 24 years old) and panty (influent, hereinafter “instant studio”) 203 of the Dong-gu Seoul Building 203 (hereinafter “instant studio”).

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. A statement made by the witness D in compliance with this Act in this court;

1. Each statement made by appraiser E or F, which fit for such statement;

1. Among the victim's body photographs, the victim's body pictures can be recognized by integrating the images suitable therefor, and there is proof.

The defendant and defense counsel's assertion and the judgment of this court

1. The gist of the assertion was that the victim was not in a state of mental disorder at the time when the victim was in the room of the instant case, and was sexually related with each other with the victim’s implied consent, such as dancing.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

(1) On May 18, 2014, the Defendant and the victim’s related Defendant came to know the victim first at a meeting of the victim’s friendship group. At the time of the first arrival of the Defendant, the victim said that “at the time of the first arrival of the Defendant, there is a good person” in the conversation with the Defendant.

The Defendant dices alcohol with the victim three times before committing the instant crime.

(2) Around August 5, 2014, the Defendant drank 3 and 4 illness together with the victim at the main point of “I” located near H University’s post at H University.

② On August 6, 2014, the Defendant and the victim came at the main point around 01:00, and the victim turned into the alley while walking the road, and the victim went beyond the floor of the mixed, and opened the elbow, the hand, the knick, etc.

The defendant's body and clothes, shoess, etc. of the defendant, which were mershed by the victim.