A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

(A)The Defendant has served as the Vice-President in C, and the Victim D (Inn, 26 years old) is a subordinate employee of the Defendant.

피고인은 2015. 12. 23. 19:00경부터 다음 날 01:40경까지 서울 서초구 일대 술집에서 4차에 걸쳐 피해자와 소주, 보드카, 칵테일 등을 마신 후 피해자가 술에 취하자 2015. 12. 24. 02:00경 서울 서초구 E에 있는 ‘F’ 호텔 불상의 호실로 피해자를 데려간 다음 피해자의 항거불능 상태를 이용하여 피해자의 옷을 벗기고 피해자의 음부에 성기를 삽입하여 피해자를 간음하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement by the prosecution concerning D;

1. Each investigation report (including the sequence 4, 26, and accompanying documents of evidence list);

1. A CCTV CD at the entrance of the telecom;

1. Determination on the assertion by the defendant and defense counsel regarding text messages submitted to each victim

1. The assertion;

A. It is true that the defendant has sexual intercourse with the victim.

However, while the victim was under the influence of alcohol at the time, the victim was not in the state of mental or physical disorder, and was only in the state of so-called blackout (beout, and temporary memory due to drinking).

B. Even if the victim was in a state of mental or physical disability or impossibility to resist, the defendant was unable to recognize it, and the victim appears to have consented to the sex relationship, so the defendant did not have the intent to have sexual intercourse with the victim by using the victim’s mental and physical condition or state of refusal.

2. Determination

A. Under the Criminal Act, the crime of quasi-rape is established by having sexual intercourse with a person’s mental or physical condition, taking advantage of the person’s mental or physical condition to protect the sexual self-determination of the person who is unable to defend himself/herself.

In light of such legal interests, it is considered to be protected.