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

To order the accused to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On July 20, 2016, from around 21:00 to around 21:0, the Defendant drinking alcohol, such as D and D’s female-friendly job offering victim E (n, 21 years of age) (n, 21 years of age) in the native’s residence located in Ulsan-gu C, Ulsan-gu. On July 21, 2016, the Defendant took the victim under the influence of alcohol to G hotel located in Ulsan-gu, the new wall bordering F, and D left home with the victim at the wind of returning home, and raped the victim under the influence of alcohol once.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of witness E in the second public trial protocol;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The investigation report (the sequence 6 of evidence records);

1. Judgment on the assertion of the defendant and his defense counsel

1. The Defendant had sexual intercourse with the victim’s consent at the time and place stated in the facts charged.

2. In full view of the following circumstances recognized by the evidence duly adopted and examined by this Court, the fact that the defendant had sexual intercourse with the victim, who is in an impossible condition to resist under the influence of alcohol, is sufficiently recognized.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

(1) (a) the victim, from the investigative agency to this court, became a male-parent-gu D at the time when he was frighting to drink and drink in H, and became a D’s house.

The defendant and three who had been in the house of bed d d d d d d d w while playing in a singing practice room after drinking several remainings.

After that, the place was moved to singing in the new wall and divided into three categories, and the toilet was about to rest in the toilet. From the next day to the next day, no memory is available until the youth in this case occurs.

A consistent statement is made with the Defendant that “the fact that a sexual intercourse with the Defendant is not memory.”

(b)D also from investigative agencies to this Court, the victim himself.