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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is represented by the D business team, and the victim E (n, 20 years old) is a member of the planning and management team of the same company.

The Defendant, from around 19:00 on June 30, 2017 to four employees, including the victim, took a meeting, and thereafter, 23:35 on the same day, she gets a victim under the influence of alcohol at around 23:35 on the same day, and she was placed on the part of G hotel 1322 heading in the Jung-gu Incheon Metropolitan City, Jung-gu.

The defendant, under the influence of alcohol in the above hotel room, was able to rape the victim, exceeded his clothes, lost his mind and body, or written indictment, and the defendant has sexual intercourse with the victim by using the victim's "unsatisfying condition".

However, if the victim was diving, it generally constitutes a state of mental and physical loss (see Supreme Court Decision 2001Do3490 delivered on September 14, 2001), and the facts charged that raped the victim.

In light of the facts stated in the above, it is deemed that there is no risk of causing disadvantages to the defendant's exercise of his/her right to defense even by adding "mental and physical loss or damage" to the facts charged.

The victim was sexual intercourse and raped once with the victim who is in an impossible state of resistance.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Some statements made to the defendant in the protocol of interrogation of the suspect to the prosecution (including the E-examination part);

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement protocol by the police for E;

1. A protocol of seizure and a list of seizure;

1. Legal and chemical appraisal reports, gene appraisal reports, and CCTV images (in the vicinity of a revolving place, G);

1. Application of Acts and subordinate statutes to investigation reports (written response to requests for appraisal by the National Institute of Scientific Investigation);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Exemption from an order of disclosure notification;