A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On July 6, 2017, the Defendant was sentenced to imprisonment with prison labor for a maximum of six months and one year of suspended execution for a short of four months, and the judgment became final and conclusive on July 14, 2017.

On June 8, 2017, from around 07:40 to around 09:30, the Defendant first confirmed that the victim D (n, 17 years of age) was in a state to the extent that he was unable to properly hold his body under the influence of alcohol, and attempted to have sexual intercourse with the victim by taking advantage of such victim’s condition, exempted the victim’s clothes, and inserted his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental and physical loss of the victim or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D among the first public trial records;

1. Entry of part of the statement made by the witness E in the first public trial record, and entry of F or G in the second public trial record;

1. Some statements concerning the defendant in the prosecution or the police interrogation protocol;

1. Statement made by the prosecution against D and statement made by the police (two times);

1. Stenographic records of D (Sabanon Center in Daejeon), victim's statement recorded CDs;

1. Each police statement made to E, F, H, I, and J;

1. A response to each request for appraisal (net 21,23,28), legal and chemical appraisal report, and genetic appraisal report (net 24,29);

1. The criminal place, the investigation report (time 2), the list of the reports on the processing of the 112 reported case, the investigation report (to-face a witness), the scene of the case (CJ 203), photographs, the investigation report (to-face a telephone statement), the investigation report (to-face a telephone statement), the CCTV closure photographs, CCTV image CDs, the investigation report (to-face a telephone conversation document attached), the investigation report (to-face a report during the investigation); the investigation report (to-face a confirmation report during the investigation); and the investigation report (to-face a statement analysis report by the suspect

1. Previous conviction in judgment: Application of the Act and subordinate statutes to a criminal report (Attachment to the relevant indictment), a written reply to inquiry about criminal history, and a copy of the text of the judgment of Cheongju District Court 2017 Gohap 40;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;