A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant was aware of the victim's personal effects on a cartoon page that the victim B(the age of 20) works, and was given the victim's personal contact with the victim, and was paid.

At around 05:30 on March 17, 2018, the Defendant, along with the Defendant, seems to be in writing a 'E hotel' as stated in the written indictment of the Seoul Seodaemun-gu C hotel, Seodaemun-gu, Seoul.

Sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ, which is frightened by drinking by drinking the Defendant’s sexual organ, and sexual intercourse by inserting the Defendant’s sexual organ again into the part of the victim’s sexual organ which continues from the next side of the victim’s sexual intercourse, and the victim who was broken in in the lock at the time of the third sexual intercourse still remains under the influence of alcohol, uses the state where the victim remains under the influence of alcohol, makes use of the state where the victim’s body remains under the influence of alcohol, and made a sexual intercourse by inserting the sexual organ into the part of the victim’s sexual organ even though the victim explicitly expressed his intention of refusal.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation report (to be accompanied by the F details to be submitted by the victim), investigation report (to be submitted and analyzed by the suspectF explanatory materials);

1. Application of CCTV CD-related Acts and subordinate statutes;

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

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 (3) of the Criminal Act concerning the crime of quasi-rape prescribed in the former part of Article 38 (3) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.