A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

around 08:50 on August 9, 2015, the Defendant: (a) committed rape with the victim G (at the time, 18 years old) and the victim, while drinking alcohol in the “Fju shop” room located on the “Fju shop in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City E 2, 2015; and (b) committed rape with the victim under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Stenographic records;

1. Determination as to the defendant and his/her defense counsel's assertion on the report of internal investigation (on-site internal investigation, etc.), internal investigation report (the victim's condition in the case of taking the key in emergency of sexual assault), investigation report (the response of the victim's result of the appraisal in emergency of sexual assault), investigation report (the response of the request for appraisal), and materials attached thereto;

1. The gist of the assertion was that the Defendant had sexual intercourse under the agreement with the victim.

In addition, the victim did not have a mental or physical loss or resistance at the time of committing the crime.

2. Determination

A. The crime of quasi-rape under the Criminal Act is an offense established by sexual intercourse by taking advantage of a person’s heart loss or impossible condition, and is legally protected to protect the sexual self-determination right of a person who is unable to defend himself/herself due to mental and physical circumstances.

In light of such legal interests, the term “mental or physical loss” referred to in the quasi-rape of rape refers to a situation in which one cannot exercise his/her normal response, coordination, and judgment ability for sexual acts due to mental disorders, food disorders, etc.

In addition, Article 299 of the Criminal Code provides that a person who has sexual intercourse or indecent act by taking advantage of a person's actual loss or incompetence shall be punished in the same manner as the crime of rape or forced indecent act under Articles 297 and 298 of the same Act. Meanwhile, Article 302 of the same Code provides that a person who has sexual intercourse or indecent act against a minor or a mentally or physically weak person shall be punished in accordance with a deceptive scheme or force.