A 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 August 2, 2014, the Defendant introduced victim D (n, 19 years of age) from the line of work at a C branch where he works, and performed drinking together with the Defendant, E, the Defendant’s volunteer fee, E, the victim’s friendship F, and the victim’s friendship F, and was unable to divide the body of the victim by drinking the body.

The Defendant: (a) laid the victim under the influence of alcohol into his own car to the Hemoel located in Daejeon Seo-gu G; and (b) put the victim’s arms, who had been under the influence of alcohol in a passenger car, to his shouldered, and her 705 room by cutting the female’s breath to the 705 room.

At around 21:00 on the same day, the Defendant: (a) lost the mind of alcohol in the above 705 room; (b) exceeded the panty of the victim; (c) inserted the panty and panty in the sex of the female; and (d) inserted the her sexual organ into the sex of the female.

Accordingly, the defendant, who was under the influence of alcohol, had sexual intercourse once with the victim by taking advantage of the victim's state of impossibility to resist, and suffered sexual intercourse with the victim in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1.CCTV image;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

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

3. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment,

1. Summary of the assertion

A. Before entering the victim and the her motherel, the Defendant called “the victim who was easy to enter the telecom,” and the victim was kiding the victim, thereby having sexual intercourse with the victim under the agreement between the victim and the her mother.

When the defendant has sexual intercourse with the victim, the victim was under the influence of alcohol, but did not lose consciousness, so the victim is unable to resist.