A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

In B, the defendant was employed as a inorganic Contract C, and he became aware of the victim D (tentative name, female, 28 years of age) who worked for the same department.

The Defendant, from around 18:00 on March 5, 2019 to 22:30 on the same day, had a common sense with the “F” restaurant located in Seosan-si E and the “G” restaurant located in the vicinity, including the victim, and had the victim drink, and had the victim confirmed that the victim was in a state of her ability to resist by drinking alcohol, and used it to have sexual intercourse with the victim.

이에 따라 피고인은 위 동료들과 모두 헤어진 후 피해자를 피고인의 H 차량의 뒷좌석에 태워 같은 날 23:00경 논산시 I무인텔'로 간 다음, 피해자를 부축하여 위 무인텔 J호 객실로 데리고 들어가 피해자를 침대에 눕히고 술에 취해 잠을 자고 있는 피해자의 상의를 올려 양쪽 가슴을 입으로 핥는 등 피해자를 간음하려고 하였으나, 피해자가 잠에서 깨어 이를 뒤늦게 발견하고 소리를 지르며 반항을 하여 그 뜻을 이루지 못하였다.

Accordingly, the defendant tried to have sexual intercourse with the victim by using the victim's state of non-performance by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused by the police;

1. Each statement made by the police station with respect to D (alias), K (alias), and L;

1. The application of the 112 Reporting Report List, the collection of medical records and evidence of victims of sexual assault, opinions on internal investigation, internal investigation reports (Attachment to photographs provided by the owner of the international telecom), field photographs, internal investigation reports (related to the operation of suicides by the victim), investigation reports (in cases of investigation, such as attachment to the victim's voice recording file at the time of reporting 112), legal chemical appraisal records, gene appraisal records, criminal investigation reports (related to the counter witness statement of the engineer), and the application of Acts and subordinate statutes to the investigation reports (verification of CCTV CDs provided by the owner of the international telecomel);

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Discretionary mitigation Criminal Act;