A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On December 12, 2015, the Defendant, at around 01:30 on December 12, 2015, performed drinking together with the victim E (the victim E, 32 years of age) and her husband F, in the dwelling space in Gwangju Mine-gu D apartment and the Defendant’s dwelling space in 701:412, the Defendant, who had been living together with her husband, was able to have sexual intercourse with the victim by drinking together with her husband of the victim, who had continued to drink together even after having been temporarily set up, even after having been set off,.

The defendant, who was under the influence of alcohol due to his inside and outside, was in sexual intercourse with the victim's body, who was above the victim's panty and panty.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hearF statements from witnesses);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing guidelines [Determination of Type] There is no 1 type of rape (general rape) (special rape) (the scope of recommended punishment] (the scope of recommended punishment), the basic area of punishment, 2 years and 6 months to 5 years.