[Defendant-Appellee] Defendant 1

To order the defendant to complete the sexual assault treatment program for 80 hours.

On July 28, 2014, the Defendant: (a) set accommodation in the Ulsan-gun ○○○○○, Ulsan-gun; and (b) set the motive meetings of the Defendant at the Jindo bathing beach, which is neighboring to the lodging, for 2 days after being set at 1st day.

At the same day, the Defendant continued to drink together with the victim B (at the age of 17) who was seated in the next table (at the same time, he did so) at the main point in the middle of the sloping beach located at the same day, and flown together with the above 'blurth pent,' and flown together with the game at the bar.

During that period, the victim scam together with his daily behaviors and scam together, and was locked in the house of Defendant 1, who was in the above knife knife scium, and the Defendant informed the victim of the above accommodation, so the Defendant was aware of such fact, and was able to engage in sexual intercourse with the victim who could not resist because he was able to resist.

On July 29, 2014: around 05: 10, the Defendant, at around 10, exceeded her panty by cutting off the panty of the victim, who was under the influence of alcohol, by walking the spanty of the victim, who was under the influence of alcohol, and then her part and panty. The Defendant, who was off the victim’s body, added the victim’s sexual organ into the part of the victim’s sound.

As such, the Defendant used the victim’s mental or physical condition to resist or resist.

Summary of Evidence

1. Each police statement concerning B;

1. Reporting on the results of national and veterinary appraisal and reporting on an investigation (the contents of foreign currencies);

1. Preparation and report of each record;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

In the locking, under the agreement with the victim, the sexual intercourse was attempted, but it was not created, and there was no sexual intercourse with the victim who was unable to resist.

2. Determination

In light of the evidence duly adopted and examined by this Court, the following circumstances can be acknowledged according to the evidence. In light of such circumstances, it can be sufficiently recognized that the Defendant and the defense counsel have sexual intercourse with the victim who was under the state of failing to resist because the Defendant was able to do so and was under the influence of alcohol. Therefore, the above argument by the Defendant and the defense counsel is without merit.

(a) The background leading up to which the defendant and the victim have met;

1) Around July 28, 2014, the Defendant, along with seven motives of the company (one person was diving, and one person took early), performed alcohol in the pentabancule in the pentacule, and thereafter, performed alcohol in combination with the domine (four persons in total) first deemed to have performed alcohol in the pentacul in the pentacule while drinking alcohol due to the seaside adjacent drinking house. The Defendant and the victim performed alcohol in around 20: (10) around July 29, 2014; and (2) around July 29, 2014, the Defendant and the victim performed alcohol in combination with the pentacule in the pentaculecule in the pentaculecium.

2) The victim kisk kisk, such as kisking and kisking the Defendant and kisk while playing the game. However, the victim, other than the Defendant, did not kisk the Defendant with special kissk in the evidence records (No. 45 pages of the evidence records).

B. Circumstances at the time of damage of this case

1) The victim, as seen above, sleep in the same place as a flat located in the Babyecule, while drinking a game. The victim, along with the victim’s daily behaviors, sleeped the victim from lying the victim into the room of an implied gate where the Defendant was committed, and returned to the victim’s friendship with the Defendant and the victim.

2) At an investigative agency, the victim found a toilet in the shape of the body that he was under the influence of alcohol while drinking alcohol at the Defendant’s pentathy. The victim made a statement to the effect that he was found to the effect that the victim was under the influence of panty and was under the influence of panty, and that the victim was under the influence of panty, and the defendant was under the influence of inserting the panty, and that he was under the influence of inserting the sexual organ into the part of the victim. The victim’s statement made a statement to the effect that the victim was under the influence of panty and left the room immediately by panty. Such a statement made by the victim is clear that the distinction between the parts that he was under the influence of memory is clear, consistent with the part that the victim was under the influence of panty, and that the victim was under the influence of the defendant.

3) According to the appraisal report by the National Institute of Scientific Investigation, the Defendant’s DNA type was detected in the victim’s chest and her mouth, and the Defendant’s sexual organ type was detected in the part above the victim’s DNA type. In addition, the victim was confirmed through the National Police Agency Center after the instant case that he was given treatment with her child and confirmed that her part was teared, and he was given a prescription for her sexual intercourse (the victim did not have sexual intercourse from the date of the instant case to the day before the day of the instant case). In light of such appraisal report and the victim’s superior position, the Defendant appears to have inserted her sexual organ into the victim’s sexual organ. In that sense, the victim’s voice’s voice was found to have failed to face the circumstances that the Defendant’s DNA type and sperm reaction was the victim’s voice, and it appears that the victim’s her sexual organ part was not detected in the part of the victim’s her sexual organ type.

4) At an investigative agency and this court, the Defendant: (a) taken a victim on a room; (b) she saw him/her to drink and drink, and her to check the victim; and (c) she saw him/her to her to her; (d) her to her to her to her to her, her to her to her to her to her on the side of the victim, and her to her to her to her to her to her to her to her to her to her; and (e) her to her to her to her to her to her to her to her to her to her to her to her to her face; and (b) stated to the effect that the victim was soon her to her to her to her face the Defendant’s sexual organ. However, at the time, the victim was in a state where her to her to her to her soon her to her to her face.

5) At this court, Y○○, the Defendant, who was frighten in the ward of the pentthy where the victim was the victim, stated to the effect that the Defendant was frighten in the ward of the penty that the Defendant was frightened before the Defendant frightening alcohol at the seaside drinking house near the seaside, and that the Defendant was frightened at the room of the penty, and that the Defendant was frightening with the female and was frightening. However, ○○ did not clearly identify the Defendant who was frighten in the room of the penty where the Defendant was the victim, and that the above statement was frighten in a special relationship with the Defendant, as the motive for entry of the same company as the Defendant, it is difficult to believe that the above statement was frighten.

C. Circumstances immediately after the damage of this case

1) The victim got off the clothes in which the Defendant ceased to stop the sexual intercourse and scam back the clothes to the Defendant and to the scam immediately, and the victim scamed to the Defendant’s day without any other words. The Defendant went to the Defendant’s day and scam to the scam of the victim. The Defendant was getting out of the scam and then did not have any special problems between the victim’s day and the Defendant’s day by the scam before the scam in the instant room. As such, it seems that the victim was unable to go back from the scam to the scam of the victim after the scam and the Defendant’s day by the scam in the instant room, rather than by the victim’s sexual intercourse under the agreement between the Defendant and the Defendant.

2) One of the victims was kneeed to find the Defendant after hearing the details of damage from the victim, and then sought a apology from the victim and the rest of the knee to find the victim and the other kney. On the other hand, the Defendant forced the Defendant to the effect that he did not have sexual intercourse with the victim. The Defendant knee knee knee kne knee knee knee kne. on behalf of the Defendant.

D. Circumstances after the complaint of this case was filed

After the instant case, there is no motive to mislead the Defendant, such as there is no call to the Defendant, nor there is no call for the Defendant, nor there is no means to request the agreement.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 299 and 297 of the Criminal Act

1. Order to complete a program;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from disclosure orders 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 same crime)

The fact that there is no record of the crime, which appears to lead to the crime of this case by contingency, is a given state.

A person who has lived in a large area and has been living in his/her workplace, whose social ties are clear;

Benefits and preventive effects expected by the disclosure order or notification order of this case, and non-profit therefrom.

In full view of all the circumstances such as profits and side effects, the personal information of the defendant shall not be disclosed or notified.

under subsection (1) of this section.

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Reasons for sentencing

1. Scope of applicable sentences under law: Three years to thirty years; and

2. Scope of recommended sentencing guidelines;

[Determination of Type] Sexual Crime Group, General Criteria, rape (subject to 13 years of age or older), Type 1 (General Rape)

[Recommendation and Recommendation Forms] Basic Field, Imprisonment for 2 years and 6 months to 5 years

[Recommendation Form revised by the application of the lower limit of applicable punishment by law] Three years to five years

3. Determination of sentence: Three years of imprisonment; and

In light of the fact that the Defendant, when drinking together, had sexual intercourse with the victim by cryptizing that the victim was locked, and that the victim did not flickly observe the crime of this case, and did not flickly exercise labor for the recovery of damage, and that the victim appears to have caused considerable mental impulse and sexual humiliation by the crime of this case, it is necessary to strictly punish the victim due to bad nature of the crime.

However, it appears that contingent crimes of this case appear to have occurred, taking into account favorable circumstances such as the fact that there is no record of the same kind of crime, and taking into account other circumstances such as the defendant's age, character and conduct, environment, connection with the means of crime, circumstances after the crime, etc., the punishment as the main sentence shall be determined in consideration of all the circumstances that form the conditions of sentencing as shown in the record.

Justices Kim Jong-soo

Judges Kim Sung-sung