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

The Defendant, as a student in the three-year course of cultural industry management in the university, was aware of the victim E (the age of 19) as a subsequent course of the group of the above university music group.

On April 12, 2016, the Defendant, at the main point of “G” located in “G” in “Seoul Mine-gu, Gwangju.” The Defendant, along with the victim and I, she dices H, I, and I, who were members of East Asia, and b2:00 on the same day, went to the Defendant’s house with the victim and I to drink around 22:00 on the same day.

Since then, the above defendant's house dice, K, L, L, and I, a member of the Dong Ri, who was the victim, I, and the family of the above defendant's house dice, were dice, and K, K, L, and I returned to their home or friendly house between 00:30 on the 13th day of the following month and 01:00 on the 13th day of the following month, and the victim was able to take part in the house lease of the defendant's house because he was able to take part in the family of the defendant's house due to school hours.

At around 02:00 on the same day, the Defendant divided the conversation with the victim by taking advantage of the victim's clothes under the influence of alcohol, and, in recognition that the victim does not respond to the victim's chests and franks, sexual intercourse with the victim, issued the victim's lower and lower clothes, and inserted the Defendant's sexual organ into the part of the victim's sound.

As such, the Defendant, while under the influence of alcohol, had sexual intercourse with the victim by taking advantage of the victim’s potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of correction of a request for appraisal, and application of the statutes of a reply request for appraisal;

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. The proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders.