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 40 hours.

Punishment of the crime

On October 27, 2017, the Defendant: (a) was the victim C (the 16-year age), the victim’s relative D (the 16-year age), and the victim’s relative D (the 16-year age age), and (b) was the victim’s contact information after asking the contact information of the Defendant.

On October 28, 2017, the Defendant, at around 23:00 on October 28, 2017, went with the flame play in the Simdong, Busan, the Defendant agreed to use both men and women’s room, and entered the Hembel located in Simgu, Busan, with 501 and 502 as 501 among the Defendant’s settlement, and carried the drinking together.

On October 29, 2017, around 02:00, the Defendant, at the guest room No. 501, carried out game like E, victim, and D, and, as a penalty, E took away from D while drinking alcohol, was drunk, and became her with the victim who was locked in the bed.

Accordingly, the Defendant used this opportunity to have sexual intercourse with the victim, exceeded clothes such as the victim's clothes, etc., and inserted the victim's sexual organ into the victim's negative organ, thereby having sexual intercourse.

As a result, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s “unclaimed state of resistance” in the indictment for physical and mental loss of the victim.

in writing.

However, the failure to resist refers to a case where psychological or physical resistance is impossible due to reasons other than loss of mind and body, and if the victim locked, it constitutes a state of mental or physical loss (see Supreme Court Decision 2001Do3490, Sept. 14, 2001), and it cannot be seen as an impossible state of resistance.

However, in the facts charged, the victim had sexual intercourse with the victim.

In light of the facts stated, there is no risk of causing disadvantages to the defendant's exercise of his right to defense, so it is added to the facts charged without going through the amendment process of indictment.