Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

Defendant

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

Punishment of the crime

Defendant

B, around June 27, 2016, around 05:30 on June 27, 2016, with A, the victim F (one year old, 21 years old), the victim's friendship G, and the victim's friendship at I nearby EM located in Mapo-gu Seoul, Mapo-gu, Seoul. At around 07:00 on the same day, the victim drinked from Kmoto 201 to G at around 07:40 on the same day and moved to 202 on the same day. At around 09:50 on the same day, at around 209:50 on the same day, the victim abused the victim with his own belongings, having the mind of being drunk and having the potential to be able to report the shape of the victim, and raped the victim by once.

Summary of Evidence

1. Defendant B’s partial statement

1. The F (name of victim) and G's respective legal statements;

1. Each prosecutor's protocol of examination of the accused B and A;

1. The prosecutor's statement concerning the F;

1. Legal chemical appraisal report and gene appraisal report;

1. Details of L dialogue (A between the accused and the accused) and text messages (the message sent and received by the accused and the victim);

1. Determination as to the assertion of the CD Defendant B and his defense counsel on the report of internal investigation (KMel on-site search), investigation report (on-site CCTV image verification), and each field CCTV image back from each site attached thereto

1. The summary of the argument is as follows: (a) when the victim immediately before the instant case took into account the volume of drinking alcohol, blood alcohol level, the status of the victim from CCTV images in the telecom, etc., the victim was not in a state of mental disorder or impossibility to resist at the time of the victim’s sexual intercourse with the victim; and (b) instead, the defendant and the victim were sexual intercourse with the victim under the agreement by: (c) the victim was able to escape the victim and actively respond to sexual intercourse; and (d) even if the victim was in a state of intent of the victim

Even if the defendant did not have the intention of quasi-rape because he had the consent of the victim and had a sexual relation.

2. The crime of quasi-rape under the relevant legal principles is committed by taking advantage of the person’s mental or physical condition of difficulty.