A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On January 7, 2017, at around 18:00, the Defendant: (a) took part in the part of the victim D (n, 32 years of age) coming from the Defendant’s house located in Gwangju Northern-gu C and 102 Dong 1004, and the beer, and (b) taken part in the part of the beer, the Defendant 3 cans of beer, who was in the middle of the victim’s body, she was in the middle of the victim’s body, she exceeded the clothes of the victim, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Determination as to the Defendant and the defense counsel’s assertion of each gene appraisal document 1. Investigation Report (including the attached document No. 19, No. 19 of the evidence list)

1. The gist of the assertion was that the victim did not have mental or physical loss or resistance at the time of sexual intercourse with the Defendant, and the Defendant was only sexual intercourse upon agreement with the victim and did not have sexual intercourse by taking advantage of the victim’s mental or physical loss or resistance impossible condition.

2. Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or resistance impossible condition shall be punished together with the crime of rape or forced indecent act under Articles 297 and 298 of the Criminal Act. The above crime is legally protected to protect a person who is unable to defend himself/herself due to mental or physical circumstances (see Supreme Court Decision 98Do3257, May 26, 2000). In light of the above provision, the term “mental or physical loss” refers to a state in which normal determination of sexual acts cannot be made due to mental or physical disorder, namely, the state in which the other party is unfasible or the other party is unable to exercise his/her normal ability to cope with his/her sexual act on the grounds of drugs, etc. (see Supreme Court Decision 201Do2631, Jun. 28, 2012).