A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

around 02:00 on April 28, 2012, the Defendant: (a) took advantage of the fact that the victim E (here, female, 18 years of age) was in the state of failing to resist under the influence of alcohol, and took advantage of the fact that the victim E was in the state of failing to resist, and had sexual intercourse once after having sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement of E;

1. Video CDs;

1. Application of Acts and subordinate statutes on mobile phones of victims;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso to Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no criminal record and has no social relation clear, and the defendant concurrently takes part in an order to complete a sexual assault treatment program necessary to prevent recidivism, etc.), the defendant's personal information should not be disclosed and notified to the public.), and his/her defense counsel's assertion, the defendant asserts that the defendant's assertion is not guilty, since the victim's drinking was not in a state of failing to resist, and

However, according to the evidence duly examined in this court, the following circumstances are found as follows: ① At the time of this case, the victim was in a state where, in addition to the whole, the victim was unsatisfying to the extent that he was unable to memory by the time when he was mixed with the only 1 disease, beer, and 3 disease disease, and until he was broken out, the victim was unsatisfying, ② although the victim’s statement was partially inaccurate, the defendant and the victim were off his clothes at the Moel, and the victim’s body was satisfyd or the defendant