A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On November 17, 2017, at around 17:30, the Defendant came to know with D (hereinafter referred to as “C”) through “C”, and came to know, from around 18:00 to around 20:30 of the same day, D, while drinking alcohol at the main point of “F” on the Gu E and the second floor during the period from around 18:00 to around 20:30 of the same day, D, while drinking alcohol at the above main point, she laid to “F”, such as d, by cutting off D, whose body cannot be accumulated, and she laid to “D” in G during the period of Ansan.

1. On November 17, 2017, the Defendant presented D Samsung Card in the above “ Hotel H” around November 21:17, 2017, as seen above, as if the victim I, who was in the management of the place, was entitled to use his/her Samsung Card.

However, the defendant did not have the right to use the above credit card because he did not receive the above credit card in mind from D's wall, and the defendant did not have the right to use the credit card because he did not receive the effective consent from D.

As such, the Defendant, by deceiving the victim, entered the above hotel 501 by allowing the victim to settle the accommodation cost of KRW 80,000 with the above Samsung Card in its place.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 80,000.

2. From November 17, 2017 to November 06:00 on November 18, 2017, the Defendant: (a) from around 21:09 to around 06:00, the Defendant left the Defendant’s sexual organ on the part of the victim, as the victim D (V, 24 years old) was under the influence of alcohol, lost his mind and was used in the bed; and (b) the Defendant went off the Defendant’s panty and inserted the Defendant’s sexual organ into the part of the sound of the victim once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. A written statement of I;

1. A report on internal investigation (to secure the victim's body tape and cell phone text photographs of payment details of credit cards), internal investigation report (verification of CCTV image data inside the telecom), investigation report (Hel at the scene of occurrence);