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

On February 27, 2015, around 00:50, the Defendant discovered the victim E (the age of 28) who was drunk in front of the D parking lot located in Seongbuk-gu, Sungnam-si, Sungnam-si, and came to drink with the F F’s head office, and then came to engage in sexual intercourse with the victim as 203 H’s head office in Sungnam-si, Sungnam-si, to engage in sexual intercourse.

On February 27, 2015, from around 02:50 to around 04:20, the Defendant exceeded all the clothes of the victim who was unable to resist due to alcohol under subparagraph 203 of the said telecom, and was in sexual intercourse with the victim by inserting his or her sexual organ into the part of the victim’s sound and the part of the port.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. A report on internal investigation (CCTV perusal), investigation report (a meeting with a convenience store and CCTV perusal);

1. Application of Acts and subordinate statutes to medical certificates and appraisal certificates;

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

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

1. Determination as to the assertion by the accused and the defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main text of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Although the defendant put his fingers into the victim's sexual organ and the text of his/her claim, he/she does not have sexual intercourse by inserting his/her sexual organ into the victim's sexual organ.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the victim, at the investigative agency and the court, stated that the victim was damaged by the same content as the criminal facts stated in the judgment of the defendant. The victim's statement is consistent, concrete, and clear, and credibility by making the victim's statement clear, and the victim did not suffer the above damage from the defendant.