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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.
Reasons
Punishment of the crime
The Defendant had a large number of family meetings twice a year with 11 high school-friendly family members, and among them, almost every family member of the victim B (a family member, a female member) with almost every week, and when the next day is a holiday, the Defendant’s house was the head of the Defendant’s family, and the husband and wife of the Defendant and the victim together with a holiday after drinking alcohol up to the latest hours, and they had a friendship as one family, such as he takes a night around the night.
1. On April 3, 2016, the Defendant, at the house of the Defendant in Gwangju-gu C Apartment D, Gwangju-gu, Gwangju-gu, the wife of the Defendant, and the wife of the Defendant, while drinking and drinking in the living room with the Defendant’s wife, was inside the Defendant’s wife, the victim entered a small room and diving, and the husband of the victim was under the influence of alcohol while drinking in the living room, and the Defendant was under the influence of alcohol, and was under the influence of alcohol by the Defendant.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.
2. The prosecutor indicted the charge of quasi-rape on the initial charge of quasi-rape, and added “Article 300 of the Criminal Act” to the applicable provisions of the Act on December 19, 2019, and applied for changes in the indictment to the effect that the second sexual intercourse was changed to an attempted quasi-rape.
In contrast, this part of the crime is a single crime of quasi-rape inasmuch as the Defendant committed a series of acts of quasi-rape and attempted quasi-rape according to a single and continuous intention that the Defendant would have sexual intercourse with a victim in the state of mental disorder while the Defendant was under the influence of alcohol and ceased to stop, and again, the victim had sexual intercourse with the victim at the time of the second sexual intercourse, but at the time of the second sexual intercourse, the victim's impossibility of quasi-rape is established, and such an act of quasi-rape and attempted quasi-rape was committed in a time and place according to the single and continuous intention that the Defendant would have sexual intercourse with the victim under the influence of alcohol. Accordingly