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

At around 04:00 on November 26, 201, the Defendant d (n, 35 years of age) in Yongsan-gu Seoul Metropolitan Government, and the Defendant d(n, c, 35 years of age), while carrying out male-friendly job training E and drinking by the victim and the victim, was set diving first from the bed while the victim and the above E were diving from the floor.

At around 06:00, the Defendant discovered the victim who was divingd on the floor after being frighted, brought the victim's body in a state where he was unable to resist due to sleeps while being under the influence of alcohol, and sexual intercourse with the victim by inserting the victim's fright and panty, and inserting the Defendant's sexual organ into the part of the victim's sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. The Defendant and the defense counsel’s assertion regarding the Defendant and his defense counsel under Article 37(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes committed the crime by asserting that the victim was aware of the Defendant at the time of the instant sex relationship and had a sex relationship under mutual agreement.

However, according to the above evidence, the victim was under the influence of drinking and drinking on the day of the case.

At night, the defendant who had been found at the latest, sleeped above, and sleeped with male-friendly sleep from the room floor.

The male-friendly Gu, who became aware of her gender and tried to make a sex-related relationship, had a sound referred to as 'the person who is not a father-gu', and 'the person who is fine' was called as 'the person who is fine'.

a room.