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

Around 08:00 on April 21, 2018, the Defendant was running a SM6 car on the adjacent road of Mapo-gu Seoul apartment complex, Mapo-gu, Seoul. On the other hand, the Defendant was under the influence of alcohol and led the Defendant to the victim C (the name, the leisure, the age of 29) who misleads the Defendant into a taxi.

The defendant was moving the victim to a parking lot in the vicinity of the above car and around 10:40 of the same day, according to the records of the Mapo-gu Seoul Metropolitan Government D hotel, "I hotel" recorded in the facts charged is a clerical error.

In other words, the victim went back.

Then, in the above hotel E room, the defendant exceeded all clothes of the victim drunkd, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's state of non-performance to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C (tentative name), F and G;

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. Recording recording recording and reporting;

1. Investigation report (voluntary submission of clothes inside the victim), investigation report (the Seoul Scientific Investigation Institute's response to the results of the request for appraisal);

1. Application of Acts and subordinate statutes to a criminal investigation report, internal investigation report (in the inside of the center and telephone conversations of a victim), investigation report (in the presence of a taxi using a victim), investigation report (in the presence of a taxi), investigation report (in the presence of a victim), investigation report (in the field), investigation report (in the on-site investigation of a hotel), investigation report (in the face of a victim's telephone statement), investigation report (in the face of a victim's telephone conversation), investigation report (in the face of

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. Judgment of conviction under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed

1. The gist of the Defendant’s assertion was that the Defendant had sexual intercourse under the agreement with the victim.

The victim was not able to resist, and the defendant was unable.