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

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

Punishment of the crime

On October 4, 2017, around 03:10, the Defendant discovered the victim H (one year, 21 years old) who is under the influence of alcohol while driving a G human vehicle in front of the F main point located in Northern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and is mixed and mixed with the G, and walked at the victim's approach.

During the period of asking for contact to the victim, the defendant tried to take care of the victim by driving the same day as the victim by driving a car again, and tried to see the victim's and his behavior and to follow the victim's contact.

On October 4, 2017, the defendant found that the victim was in the mixed floor and went to the victim at the parking lot of the I building in the north-gu, Seoul Special Metropolitan City around 03:25 on October 4, 2017.

As the Defendant confirmed that the victim was under the influence of alcohol and was in a state of disability, the Defendant had a mind to have sexual intercourse with the victim, left the female at the back seat of the Defendant’s car, and had the Defendant had sexual intercourse once with the victim who was in the state of mental and physical loss by drinking alcohol, with the K Model E apartment parking lot located in the North-gu, Seocheon-gu, Seocheon-gu, 03:30 on the same day.

On the same day, the Defendant continued to engage in sexual intercourse at around 03:47 on the same day with a victim in the form of mental and physical loss after making a victim’s 802 inside the Northern-gu L, Seo-gu, Seoan-gu, and having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and N;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police with H;

1. The images of the tele CCTV CDs, black stuffs video-recordings, model hybrid CCTVs, respectively;

1. Each investigation report (CCTV-related investigation, attachment of CCTV on K apartment model model, attachment of CCTV image data installed in a park adjacent to I building, attachment of Mel CCTV digital evidence analysis response, attachment of black video video recording data, K apartment model model CCTV data.