A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a foreigner of Chinese nationality, and is a friendship relationship between victim B (a family name, female, 19 years old, and Chinese nationality).

On August 19, 2018, the Defendant, along with the victim and the mother of the victim, who entered Korea using dianology, entered Korea using dianology, was able to drink with the victim under the influence of alcohol on his/her own by drinking together with the victim and the victim’s mother, who entered Korea.

Around 02:00 on August 20, 2018, the Defendant had sexual intercourse with the victim, who was under the influence of alcohol at the above E’s house located in the Chang Sea-gu, Changwon-si F, with the intent of having sexual intercourse with the victim, who was under the influence of alcohol.

Accordingly, the defendant has sexual intercourse by taking advantage of the actual state of the victim who is a relative of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Quasi-rape;

1. Report on internal investigation (Attachment, such as a certificate of report on domestic residence of a foreign nationality Korean, etc. / Attachment of a statement analysis written opinion - statement analysis written opinion);

1. Investigation report (as for the place where the victim’s video recording is to be accompanied by the victim’s picture / the victim’s picture / gene appraisal report for the implementation of the victim’s B video recording, legal medical appraisal report, etc. - Two copies of gene appraisal report, one copy of legal medical appraisal report, and written opinion submission of suspect);

1. Each document submitted at will, each protocol of seizure, and the list of seizure;

1. On-site identification reports and on-site photographs;

1. A medical certificate;

1. Application of statutes to foreigner registration certificates, reports on reasons why informants, etc. of crimes are not recorded, and criminal records of foreigners;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 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 the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.