A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On December 28, 2018, at a restaurant where it is impossible to know the specific trade name located in the Namdong-gu Incheon Metropolitan City, the Defendant completed a meeting with the workplace club including the victim B (n, 21 years of age), and the Defendant boarded the vehicle on behalf of the victim, offered the victim to drink the alcohol with the victim, and then the victim and the victim respondeded in Incheon Gyeyang-gu C to drink the alcohol, and the victim took the victim to the neighboring telecom.

On December 29, 2018, at around 05:30 on December 29, 2018, the Defendant exceeded the victim's lower panty and panty in Gyeyang-gu Incheon, which had been under influence of alcohol, and had sexual intercourse with the victim by inserting the Defendant's sexual organ into the negative part of the victim.

As a result, the Defendant stated in the written indictment of the victim’s mental disorder that the Defendant committed an indecent act against the victim by using the victim’s “non-fluence” condition. However, “non-fluence” refers to a state in which normal judgment concerning sexual acts cannot be made due to a mental disorder or food disorder, and “non-fluence” refers to cases in which psychological or physical resistance is impossible due to reasons other than mental disorder

In the instant case, the victim’s potential injury constitutes in the state of mental disorder. However, even if the “unsatisfying” of the facts charged is changed to “unsatisfy”, it is deemed that there would be no hindrance to the Defendant’s exercise

The victim has sexual intercourse with the victim by taking advantage of the state.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (the same shall apply to criminal investigation, suspect telephone call-related, stove from singing rooms, credit cards, singing rooms that the suspect used at the drinking room to move from and from the singing room).

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

1. Discretionary mitigation Criminal Act;