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

The defendant became aware of the victim C (the family name, the female, the 34 years of age) through the defendant's wife.

On July 1, 2017, the Defendant sent SNS messages to the victim on July 1, 2017, stating that “I want to talk with the Defendant, because I want to talk, I would like to ask. I would like to do so.”

On July 1, 2017, the Defendant drinking alcohol together with the victim at the “G” station located on the F and underground level after drinking the victim before the victim in the West-gu, Western-gu, Western-si, Western-si on July 1, 2017.

The Defendant had the mind that the victim would have sexual intercourse with the victim in a state where he was unable to keep the mind properly. At around 23:50 on the same day, the Defendant had sexual intercourse once with the victim who was in a state of mental and physical loss by drinking alcohol, 508 at the International Mour 508 located in the Northern-gu, Seo-gu, Seocheon-gu.

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 C, J, K, and L;

1. Statement made to the prosecution by the prosecution against C and J;

1. Each police statement made to C, J, M, and K;

1. C’s statement and written complaint;

1. The current status of persons who correspond to the results of genetic appraisal or DNA comparison;

1. Investigation report (as regards the on-site circumstances), photographs;

1. Application of Acts and subordinate statutes to each CD, each recording record, N dialogue, or a letter message to take a photograph;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order

1. The gist of the assertion is that the injured party agrees to go to the telecom.