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

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

Punishment of the crime

The Defendant is a person who operates the main points with the trade name of “D” in Daegu Jung-gu, and the victim E (n.e., the age of 23) is a person who has engaged in the public relations of “Faler” at the above main points.

On May 16, 2014, at the main point of “D” around 23:00, the Defendant, after completing the victim’s publicity service, had the victim drinked with G, etc., which is the victim, “Faler” business employees, and had the victim drinked to rape by using the same.

On May 17, 2014, at around 03:22, the Defendant, as the victim, went in a smoking room, taken a drunk victim into the warehouse adjacent to the smoking room, taken the victim under the influence of alcohol on the floor of the above warehouse, laid the victim under the influence of alcohol on the panty of the victim, exceeded the victim's body, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G and H in part;

1. Statement to the prosecution of I and J;

1. Statement to E by the police;

1. Video recording images of CCTV inside D;

1. Investigation report (Attachment of a report by the State and a water appraisal, attachment of internal photographs of “D” at the scene of the occurrence of the case, and analysis of CCTV video images);

1. Recording records;

1. Application of the Acts and subordinate statutes, such as a photograph of each e-mailet (Evidence No. 53 to 55 pages of evidence);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination on the assertion by the Defendant and defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to

1. The summary of the argument is that the Defendant had sexual intercourse under the implied agreement with the victim at the time, time, and place in the ruling, and there was no sexual intercourse by taking advantage of the victim’s state of impossibility to resist.

2. Article 299 of the Criminal Act provides that sexual intercourse or indecent act shall be committed by taking advantage of the person’s mental or physical condition of non-satisf.