A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around 02:00 on April 22, 2012, the Defendant, at around 02:0, committed rape with the victim D (in female, 22 years of age) in Seongdong-gu Seoul Metropolitan Government, using the victim’s residence, who was drunk and incapable of resisting, exempted the victim from her panty and panty, and had sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Requests for appraisal and response to requests for appraisal;

1. Investigation report (related to reference witnesses and summary of each statement);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction is finalized against a defendant who has registered personal information of this case under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 3

Judgment on the argument of the defendant and defense counsel

1. At the time of the summary of the argument, the victim was somewhat relieved of the alcohol, but the victim was not in the state of her ability to resist, and the sex relationship with the Defendant was formed with the victim having been actually consented or implied at least.

2. The Defendant asserts that the victim did not take drinking, such as the victim's her own ging and leaving her house, and the ging that she did not take drinking. However, the Defendant immediately before the crime of this case was committed and the victim, E, and F, who her drinking together with the victim, her dnished her horses at the time of completion of drinking, and the victim, alone, her ging alone, could not walk, so that he/she could not take the drinking, so that he/she can not take the drinking alone, and thus