A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 13:00 on July 23, 2016, the Defendant, under the influence of alcohol, D 203 located in Daejeon Seo-gu Daejeon, Daejeon, and 203, carried the victim’s breast and fluor, who was under the influence of alcohol, in front of the victim E (name, fluor, 20 years of age) who was a partner of the Defendant’s workplace, and fluored the victim’s chest and fluor, refused to stop from leaving the victim’s fluor, and pushed the Defendant’s sexual organ into the part of the victim, and raped the victim’s sexual organ by inserting it into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Each police statement made to E (tentative name) and F;

1. Application of the Acts and subordinate statutes to capture the victim and the victim’s text message;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no criminal record of the same kind; (c) the Defendant’s age, family environment, social relative relationship; (d) the process and consequence of the instant crime; (e) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure notification order; (e) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure notification order; (e) the prevention of sexual crimes that may be achieved; and (e) the effect from sexual crimes

3) Determination of the argument of the defendant and his defense counsel

1. The defendant and his defense counsel asserted that the defendant had sexual intercourse with the victim's consent.

2. The following circumstances revealed by the evidence duly adopted by this Court, i.e., the victim from the investigative agency up to this Court.