A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

The defendant is a father of the victim C (math, 23 years of age, family name) who is a relative with the victim.

On October 11, 2015, the Defendant completed night work at around 06:40, and went out to the Republic of Korea with D Apartment 102 Dong 501, Asan-si, the Defendant’s residence, and the victim and the two playing from around 07:40 on the same day were divided into three to four C and the victim-friendly E, the victim-friendly E, who had been the victim, returned to their own house around 09:40 on the same day.

From 12:40 on the same day, the Defendant, by dividing the amount of 3 Ch in the same week with the victim into a small room that the victim would sleep under the influence of alcohol, went to a small room that the victim would locked, and entered a small room again, entered the small room, and broken down the victim, but the victim did not have any response with the depth of alcohol, and the victim did not have any desire to engage in sexual intercourse. However, the Defendant was willing to have sexual intercourse with the victim.

At around 13:00 on the same day, the Defendant, at a small room located in the above residence of the victim under the influence of alcohol, walked with the victim's name and brode, milched with the victim's milch, breast, ear, knee with knee with knee and panty, followed the victim's will and knee with the victim's sexual flag into the victim's sexual flag, and had sexual intercourse for about 5 minutes by inserting them into the victim's sexual flag.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Seizure records;

1. On-site reports (CCTV verification and investigation);

1. Application of Acts and subordinate statutes to report on investigation (Attachment such as confirmation of kinship and family relation certificate, etc., and reply to a request for appraisal);

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.