A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

1. From around 05:00 on June 9, 2017 to around 07:30, the Defendant, at the home of the victim D (n, 21 years of age) located in Daejeon Seo-gu, Seo-gu, Daejeon, he saw the victim's Belgium in a state of impreging by drinking alcohol and exceeded all of his clothes, and had sexual intercourse by inserting the sexual flag into the part of the victim's sound.

2. From 07:30 on the same day to 08:00 on the same day, the Defendant: (a) committed sexual intercourse with the victim; and (b) committed theft with one copy of the 5,000 cash card owned by the victim on the part of the victim following the death of the victim; and (c) committed theft with one copy of the 3:00 cash card owned by the victim on the part of the victim.

3. On the same day as above, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) presented the above physical card to the Defendant, as if the Defendant was a legitimate holder of the above physical card, and presented the above physical card, thereby obtaining economic benefits equivalent to 13,600 won; and (b) used the stolen physical card.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Each written statement of D;

1. E-cap photographs, responses to requests for appraisal, victim half-blocks and Belgium photographs;

1. Determination as to the assertion by the Defendant of internal investigation (on-site investigation) and his/her defense counsel by cutting off the CCTV from F main CCTV, CCTV CDs, and his/her defense counsel

1. In relation to the crime of rape as stated in the summary of the argument, the victim was not in an impossible state at the time, and the defendant was sexual intercourse with the victim under an implied agreement with the victim.

2. In full view of the following circumstances acknowledged by the evidence examined by the court below, the defendant can sufficiently recognize the fact that the defendant had sexual intercourse with the victim in an impossible situation as stated in its reasoning. Thus, the defendant and his defense counsel’s assertion is without merit.

A. The victim is from an investigative agency to this court.