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

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

Punishment of the crime

The defendant is a person who operates an agency of a stock company, and the victim D (V, 35) is an employee belonging to the stock company.

On September 30, 2016, the Defendant, along with the victim and five employees belonging to the said agency, carried the alcohol at the “E” restaurant located in the city of Ansan-si (hereinafter referred to as the “E”) around 19:00 on September 30, 2016, and carried the alcohol to the victim’s residence by burning the victim into the Defendant’s car at around 23:00 on September 30, 2016.

After that, the Defendant, around 01:00 on October 1, 2016, was drunk in the residence of the victim of the Gangnam-gu Seoul Metropolitan Government F Studio-gu, and was off from the victim’s clothes in a state of resistance impossible to resist and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Each legal statement of witness D and G;

1. Statement made by the prosecution with regard to D;

1. Statement of each amnesty made against D and G;

1. Recording recording recording recording recording;

1. Currency file CDs;

1. Application of the Acts and subordinate statutes to a letter sent by the complainant to the defendant's novels;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is the primary offender, the Defendant’s personal information registration against the Defendant, and orders to complete a sexual assault treatment program can expect the effect of recidivism to a certain extent even if the Defendant is a primary offender;

Considering the relationship between the defendant and the victim, the crime of this case alone has a criminal tendency against many unspecified persons.

It is difficult to conclude otherwise.