A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On February 26, 2014, at around 22:40 on February 26, 2014, the Defendant intending to remove the victim C (the 27-year-old) who breathddd in his/her own food at a high school staff member’s meeting, from the part of “E” d in Young-gu, Suwon-si, where the victim was unable to resist, and she was placed on the part of the bed, and she was forced to get off the victim’s clothes, knee and knee the victim’s kne, and kne the Defendant’s sexual organ inserted the Defendant’s sexual organ. However, the Defendant attempted to have the victim resist and resist the spirit.

Summary of Evidence

1. Application of the respective statutory statements statutes of C, F, G and H to the witness;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination on the assertion by the accused and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The gist of the assertion: (a) the Defendant attempted to have sexual intercourse with the victim, and the victim did not have been in a state of mental disorder or inability to resist; and (b) the victim was in the same state.

Even though the defendant did not recognize it and attempted to have sexual intercourse, there was no intention of quasi-rape to have sexual intercourse with the defendant by taking advantage of the state of mental disorder.

2. Determination

가. 피해자가 심신상실 또는 항거불능 상태에 있었는지 여부 살피건대, 앞서 거시한 증거에 의하여 인정되는 다음과 같은 사정들, 즉 ① 공립 고등학교 비정규직 행정 직원인 피해자는 이 사건 당일 2차에 걸친 회식 자리에서 소주가 섞인 맥주를 여러 잔 마셨고, 특히 2차로 간 술집에서는 교감 등으로부터 술을 권유받자 잘 보이고 싶은 마음에 이른바 ‘원샷’을 연거푸 하면서 급격히 술에 취한 점, ② 이후 피해자는 화장실에서 두 차례 토하였고 이 사건 모텔에서 피고인을 내보낸 뒤에도 한 차례 더 토했는데, 자신의 머리카락, 옷, 가방 등...