A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the director of the regional cooperation team, and the victim E (the age of 25) has worked for about six months from the above international cooperation team as an intern.

On May 14, 2014, from around 23:00 to May 02:00 on May 15, 2014, 2014, the Defendant returned to the Defendant’s residence located in Jung-gu Seoul, Jung-gu, Seoul, as well as the Defendant’s house at around 02:30 on the same day when the Defendant returned to Korea a victim who had scam together with the beer and beer by mixing with the workplace rent at the head office and station with the beer.

On May 15, 2014, at around 08:00, the Defendant, at the residence of the above Defendant, had the intent to engage in sexual intercourse with the victim under the influence of alcohol, and had the Defendant inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby bringing the Defendant into the part of the victim’s sexual organ one time, and thus, the prosecutor indicted the victim under the condition of physical and mental loss without awareness as “non-fluence.”

However, Article 299 of the Criminal Act provides, “A person who has sexual intercourse or commits an indecent act by taking advantage of a person’s mental or physical loss or impossibility of resistance shall be punished in accordance with Articles 297, 297-2 and 298.”

Therefore, the phrase “a situation in which resistance is impossible” stipulated in this Article refers to cases where psychological and physical resistance is not possible due to reasons other than loss of body and body. Thus, “a situation in which resistance is impossible” stated in the facts charged refers to “a state in which mental and physical loss is lost.”

The victim has sexual intercourse with the victim by using the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of the accused in part of the protocol concerning the examination of the suspect in the first prosecutor's office;

1. Entry of the defendant in E in the first prosecutor's examination protocol against the defendant;

1. Some of the statements made by the prosecution against G in the protocol;

1. Statement made by the police for E;

1. Each statement prepared by E and H;

1. Medical certificates, psychological counseling certificates, recording notes (Evidence Nos. 71), investigation reports (the F apartment A's reporting of confirmation of the contents of video recording of CCTV), cell phone screen, text page (Evidence No. 117), and the contents of text page (Evidence No. 117);