A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On April 14, 2017, the Defendant, at around 03:00, performed drinking alcohol by drinking e and drinking e and playing e and drinking at D clubs located in Busan, Busan, the Defendant, who moved to a neighboring G main place around 04:00 on the same day, and ordered the Defendant to play games by ordering the recipient and drink and drink the victim to drink more.

The defendant, at around 05:00 on the same day, got the arms of the victim under the influence of alcohol and went to the Ielel located in Busan-gu H, Busan-do. The victim did not get his body in front of the victim, was used on the floor in the elevator, and the defendant was placed in the victim, etc.

The Defendant, from around 05:09 to around 06:05 on the same day, exceeded the clothes of the victim under the influence of alcohol 205, and was in sexual intercourse by inserting his or her own sexual organ into the part of the victim, as soon as he or she saws the victim’s body on the part of the victim, and as soon as he or she talks with him or her.

Accordingly, the defendant has sexual intercourse with the victim under the influence of alcohol by taking advantage of his mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The details of payment of the CCTV photographs, telegraphing schemes, genetic appraisal reports, and the results of J analysis, and the payment of physical cards;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (the list Nos. 3, 30, 43)

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, and social ties recognized as recorded in the record;