A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

The defendant is a home-based engineer located in Busan Metropolitan City captain C, and the victim E (V, 17 years old) is a relationship between the defendant and the defendant after serving as the above home-based company's accounting.

On March 31, 2014, at around 01:50 on March 31, 2014, the Defendant got the victim from the victim to the Iel located in H in the city of Busan, while drinking alcohol with the victim.

At around 02:00 on the same day, the Defendant, under the influence of alcohol at the above Iel, was fluored by the victim who was unable to hold his body at the entrance of the above Iel, and was 201 on the same day, and was fluored by the victim on the part of the above Iel.

The Defendant, under the influence of alcohol, was able to report the victims who were divingd at the bed, and used the state in which the awareness of the victims is unknown to have sexual intercourse, followed by his hand, exceeded the victim’s chest, and panty, exceeded the Defendant’s panty and inserted the Defendant’s sexual organ into the sound part of the victim’s panty.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written request for appraisal, a written report and an appraisal attached thereto;

1. Application of Acts and subordinate statutes to criminal investigation reports (video recordings for victims), CDs attached to CDs, criminal investigation reports (Evidence Records No. 32, 33), accompanying CDs, criminal investigation reports (a photograph by capturing CCTV images) and accompanying photographs, investigation reports (to listen to telephone statements);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Five years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The sentencing criteria are set;