A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

On July 3, 2015, around 00:16, the Defendant: (a) discovered the victim E (at the age of 29) who was drunk and used at the same time while drinking the Seongbuk-gu Seoul Seongbuk-gu Dental settlement; and (b) had the intent to have sexual intercourse with the victim by using the victim’s resistance impossible condition.

At around 01:20 on the same day, the Defendant took the victim in a G in the inside room in Seongbuk-gu Seoul, Seoul, brought the victim under the influence of alcohol, laid off the clothes on the bed, laid off the victim in the bed, laid off the victim's name, chest, and her part of the clothes, and sexual intercourse by inserting the victim's sexual organ into the victim's sexual organ during the victim's sex period.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement protocol by the police for E;

1. Each investigation report (CCTV analysis and verification, specific suspect, suspect mobile route, inn's statement, CCTV confirmation, results of genetic appraisal report analysis, relating to other liquid components);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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

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. Determination as to the assertion by the defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main text of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the assertion is that the Defendant is unable to memory the situation at the time of committing the instant crime, and thus cannot be recognized as committing the instant crime.

2. Comprehensively taking account of the following circumstances acknowledged earlier, the fact that the Defendant had sexual intercourse with the victim, as stated in the facts charged, can be sufficiently acknowledged.

Defendant

We cannot accept the assertion of defense counsel.

(1) According to the statement of a gene appraisal statement, the victim's left side, right chest, neck, course, and quality.