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

The defendant is a victim B (n, 36 years of age)'s workplace ship.

On August 10, 2017, the Defendant, at around 18:00 on August 10, 2017, after drinking alcohol with the victim at D stores located in Dongjak-gu Seoul Metropolitan Government, and then, the victim under the influence of alcohol wishes to go to the toilet.

The defective victims were moved to the Dongjak-gu Seoul Metropolitan Government E in the vicinity.

On August 10, 2017, at around 22:00, the Defendant: (a) laid the body of the victim who was under the influence of alcohol and was under the influence of her mind while drinking; (b) laid off the body of the victim and laid off his clothes; and (c) inserted the Defendant’s sexual organ into the part of the victim.

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 the loss of mental and physical health by drinking by the Defendant.

The term "mental or physical loss" means a state in which normal judgment cannot be made on sexual acts due to a mental disorder or food disorder, and the failure to resist refers to a case in which psychological or physical resistance is impossible due to reasons other than loss of mental or physical capacity, and it is a state of mental or physical loss that loses a mind under the influence of alcohol.

It is judged that even if it is impossible to resist due to mental or physical loss, it does not hinder the defendant's exercise of his/her right to defense. Therefore, it is changed ex officio without changing indictment.

Raped a victim in the state.

Summary of Evidence

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

1. Statement B in the second public trial record;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police with regard to B;

1. Recording (No. 23 No. 13 of the evidence list), each text content, each currency content, and the closure of a screen of a G search;

1. On-site investigation reports (on-site investigation and CCTV investigation), on-site photographs, and road map photographs, investigation reports (in response to the results of appraisal and assessment by the State and by water), video CDs, CCTV images, CCTV images, CCTV CDs, and investigation reports;

1. Application of the evidence No. 7-1, 2-2

1. Article 299 of the Criminal Act concerning the crime.