A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The defendant is a person who resides in the Busan So-gu CPublic Notice Center 21.

On August 5, 2013, the Defendant: (a) around 03:30 on August 5, 2013, when the victim D (Inn, 24 years of age) was living in the room of the Defendant’s room, the Defendant discovered the victim who was diving in the floor of the breath in the influence of alcohol due to the opening-to-door visit, entered the room through the opening-to-door visit, and then was placed on the bed on the bed, and was sexual intercourse once with the victim whose consciousness of drinking is unclear.

Accordingly, the defendant violated the victim's residence, and has sexual intercourse with the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. An explanatory note;

1. Application of the Acts and subordinate statutes to each investigation report (Attachment of a victim's cell phone camera photograph, photographs at the scene of the crime, and CCTV screen pictures at the time of committing the crime);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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 16 (2), (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 59 of the Act on Probation, etc.;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Articles 49(1)2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 50(1)2 and 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the scope of applicable sentences] / [the scope of applicable sentences] from 2 years and 6 months to 15 years [the scope of applicable sentences] from 2 years and 6 years to 15 years [the general standards for sex crimes, rape (at least 13 years of age), Type 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes [the person subject to special punishment] [the scope of applicable sentences] 5 to 8 years (basic area] of imprisonment with prison labor for the crime of this case, the defendant himself.