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 and the victim B (the family name, the female, the age of 31) are as between the defendant's wife and the victim's wife and the victim became aware of.

On December 20, 2018, at around 23:00, the Defendant was under drinking alcohol with the Defendant’s wife and the Defendant’s wife at the inside of the Defendant’s room while drinking alcohol with the Defendant, and went out to the Defendant’s room. On the following day, from around 00:00 to around 05:01, the Defendant went off the Defendant’s part and panty with the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse once.

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

Summary of Evidence

1. The defendant and his defense counsel mentioned the suspect interrogation protocol of the defendant as to the defendant's partial statement, each protocol of interrogation of the police interrogation protocol, and each protocol of interrogation of the police interrogation protocol B (tentative name) of the defendant's prosecutor's office and the defendant's defense counsel asserted that the defendant was sexual intercourse under the agreement with the victim, but the victim did not know that the victim was in the state of mental disorder, and that there was no intention of quasi-rape.

However, the victim consistently stated in detail, from the investigative agency to this court, the circumstance and time when the victim was under influence of alcohol, the situation at the time, the form and act of the defendant at the time, the response of the victim to this, the actions and statements of the defendant after the completion of sexual intercourse, the circumstances leading the victim to the house, etc., and the contents of the victim's act and statement after the completion of sexual intercourse, and the circumstances that the victim again locked on the new wall, which are the name of evidence No. 4 in the list of medical confirmation documents, appears to be erroneous.

In addition, it is not inconsistent with other evidence, such as medical records, E's legal statement, details of taxi use, etc., and considering the long-term friendly relationship between the victim and the defendant's wife, the victim may have passed since the date of the crime in this case.