A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Punishment of the crime

On October 19, 2018, when the defendant worked as an employee at the C convenience store located in Mapo-gu Seoul Metropolitan Government on October 04:31, 2018, the defendant: (a) entered the victim D (a person under the influence of alcohol, leisure, 26 years of age) who is a customer; (b) helps the victim to take the goods by drinking; and (c) was aware that the victim had no normal judgment ability; and (d) taken the victim's attitude into the office located inside the convenience store; (b) taken the victim's breath of alcohol and took the victim's breath of his sexual organ into the victim's sexual flag; and (b) had sexual intercourse once with the victim.

Accordingly, the Defendant quasi-rapeed the victim who has failed to resist or is in mental condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Statement made to D by the police;

1. Each statement of D, E, Senior F, Senior G, and H;

1. Records of seizure and the list of seizure (excluding the part concerning the statement of the accused);

1. A criminal investigation report (a police officer's confirmation at the time of reporting 112), a criminal investigation report (on-site investigation), a criminal investigation report (the results of requests for appraisal), a written expert opinion, and a criminal investigation report (CCTV investigation);

1. Application of CCTV Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The summary of the Defendant’s assertion of conviction under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was sexual intercourse with the victim who has mental capacity and judgment ability.

At the time of telephone conversations, the victim was not in the state of difficulty or mental disorder, such as making a telephone conversation and drinking in the usual sense, and the defendant was not aware that the victim was in the state of disability or mental disorder.

2. The crime of quasi-rape under the relevant legal principles is established by having sexual intercourse with a person’s mental or physical condition, taking advantage of his/her mental or physical condition.