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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

The Defendant and the victim D(the age of 25) came to know through smartphone “blicking” display, and they were receiving a Kakao Kakao text message.

On May 27, 2014, at around 20:40, the Defendant first performed drinking at the point of “G” located after the pertinent F Hospital, the Defendant, while drinking the victim at the first time before the F Hospital located in Nam-gu Incheon, Nam-gu, Incheon, on May 27, 2014, asked the victim to hold the body of the victim with a large number of drinking alcohol, and then asked the victim to defring the body of the victim, and then, the victim from the name unexploded who was in progress after getting the victim back to the victim, was laid off on the part of the victim at HMocom 209 around May 28, 2014.

The Defendant, who sent off the above person’s name in mind and returned to 209 the above telecom, and tried to have sexual intercourse with the victim’s female, and exceeded the victim’s clothes, and inserted his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the second protocol of the trial;

1. The content of the Kakao Stockholm conversation (Reference Data1);

1. Relevant photographs, the contents of the photograph, on-site photographs;

1. Each investigation report (report attached to a written opinion on medical treatment of a victim, and report attached to the records of medical treatment of a victim);

1. Determination of the defendant and his defense counsel's assertion

1. The summary of the argument was the fact that the defendant had sexual intercourse with the victim at the time and place stated in the facts constituting the crime in the judgment, but the victim did not have the state of failing to resist at the time, and sexual intercourse was agreed upon.

2. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of the person’s mental disorder or state of failing to resist shall be punished as the crime of rape or indecent act by compulsion under Articles 297 and 298 of the Criminal Act.

Here, the state of impossibility to resist is due to the reason other than the mental disorder in accordance with Articles 297 and 298 of the Criminal Code.