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 November 26, 2011, the defendant is legally married to D and has a spouse relationship, and the victim E (the age of 23) is a person who is a senior student of D.

At around 00:00 on May 5, 2012, the Defendant, at the house of the Defendant No. 304 - 1404, Goyang-gu, Goyang-gu, 304, and 1404, had the victim, who had been under influence of alcohol at a small place, feel her humbly, and her sexual intercourse with the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. A family relation certificate, E family relation certificate, G (E) certified copy;

1. Determination as to the defendant and the victim's mobile phone Kakao Stockholm dialogue between the defendant and his defense counsel

A. The defendant and his defense counsel asserted that the victim was under the influence of alcohol but did not reach the state of mental disorder, and the defendant, with the consent of the victim, had shotly ceased her conscience while having sexual intercoursed with the victim.

B. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this court, the victim was in a state of mental disorder by drinking alcohol at the time, and the defendant can be recognized as having sexual intercourse with the victim by using the state of mental disorder. Thus, the above assertion is not accepted.

(1) The injured party is a small number of 1 illness, and on that day, 2-3 illness per week exceeding her own week after attending the house of the accused on that day.

The victim, under the influence of alcohol, was able to see twice toilets, and the house was locked as the house of the defendant, which occurred in the drinking place first among the customers.

(2) The victim has a group of people in the vicinity of himself/herself.