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

The Defendant is a person who operates a restaurant called “D” in Busan Shipping Daegu C.

At around 00:30 on November 13, 2013, the Defendant discovered that E (the 25 years of age) known to the restaurant operated by the above Defendant carried out the Victim F (the 22 years of age), which is the company club fee, and provided further drinking by the Defendant’s friendly G for the elderly Defendant. After that, the Defendant, while under the influence of alcohol, found that the victim was seated in front of the restaurant and was able to walk alone, and that the victim was able to walk alone, and was able to have sexual intercourse with the victim by taking advantage of the state of her ability to resist.

Accordingly, at around 01:50 on the same day, the Defendant: (a) was parked in the vicinity of the above restaurant; (b) laid the victim with a line-off vehicle used by the Defendant; (c) laid the victim in the back of the vehicle; and (d) laid the victim in the back of the vehicle; and (c) laid the victim into the back of the vehicle; and (d) laid the victim into the back of the vehicle; and (c) the victim expressed his intention of refusal by pushing the Defendant, but he did not make the victim resist his left hand under the influence of alcohol; (d) made the victim knife his finger by taking the victim’s hand so as to keep the victim’s sexual organ down; (e) exempted the victim’s convenience and clothes; and (e) has sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. A report on investigation (CCTV verification) (Evidence No. 9);

1. Investigative Report (Attachment of Results of DNA Appraisal), [Attachment of Evidence List Nos. 13] Applicable to Acts and subordinate statutes;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.