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

G University students and the victim H (V, 20 years old) are students of the same school, and Defendant is students of the same school.

On January 21, 2017, at around 00:10, the Defendant, at around 00:10, 302, had a victim’s friendship K with the victim, who could not hold his body under the influence of alcohol at the guest room located in Busan, Busan, Jurdo, with the victim, and placed K on the bed, and the victim and the two were locked by drinking alcohol at the bed.

At around 04:30 on the same day, the Defendant: (a) kid, as seen above, kidscing at the above Moel; (b) K returned to K and left only with the victim under the influence of alcohol; (c) kidscing the victim to engage in sexual intercourse; (d) panty string and panty panty kiscing under the buckbucks of the victim; (c) kidscing the victim’s face and kiscing; (d) kiscing the victim into kiscing; and (e) kiscing the victim’s sexual organ by hand; and (e) kiscing the victim’s sexual organ into kiscing.

Accordingly, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but did not commit such an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attached materials Nos. 2, 3, 11 of the evidence list);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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 an order to disclose or a notification order, 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’s age, occupation, social relationship, criminal record, and the risk of recidivism recognized as recorded (a sexual crime).