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

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

Facts of crime

1. On July 1, 2015, at around 04:50, the Defendant, along with the victim D (at the age of 39) with the frequency run by the Defendant in Gangnam-gu Seoul Metropolitan Government, with a view to drinking at the same time as that of the victim D (at the age of 39), has been working for the victim who has lost his mind by drinking alcohol, and has been placed on the main points operated by the victim in Gangnam-gu Seoul Metropolitan Government E, with a view to a shock wave.

The Defendant had sexual intercourse with the victim who was in a state of irpanty of the victim who was unable to resist, and had sexual intercourse once with the victim who was in a state of her ability to resist.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. At around 04:30 on July 3, 2015, the Defendant, at the above main point, had been drinking alcohol with the said victim, had the victim feel her to have sexual intercourse with the victim who lost her mind by drinking together, had the victim exempted from the victim’s panty, and had sexual intercourse with the victim once.

After that, the defendant, who entered the victim's panty, had been willing to have the victim more sexual intercourse once again, exceeded the victim's panty, and had the victim more sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim twice by taking advantage of the victim's non-fluence state.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to a investigation report (limited to video-recording images of CCTVs at the site of the case and images of caps);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for quasi-rape on July 3, 2015)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles has the history of fines several times.