A 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 80 hours.

Punishment of the crime

On September 29, 2012, at around 23:05, the Defendant, at the main point of “E” operated by the victim D (Inn, 63 years of age) in Gwangju Northern-gu, had the victim feel indecently, had the victim refuse the victim’s demand and run away from the main point of view, had the victim resisted the victim’s body, and prevented the victim from resisting the part of back head by drinking going on the victim’s body on the road, and then had the victim resisted the part of the Defendant’s sexual flag into the part of the victim’s sound, had the victim fleeped into the part of the victim’s back, had the victim flicked under the parked truck, had the victim flick down the victim’s under the back of the parked truck, and forced the victim to commit an indecent act, such as putting the victim into the part of the victim’s panty, and caused the victim’s injury and the part of the number of days of treatment and the part of the bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. The defendant and his defense counsel's assertion on each photograph (the 47th page and 48th page of the evidence record) of the defendant and his defense counsel are alleged to the effect that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. However, according to the evidence duly admitted and investigated in this court, the defendant was found to have drank a considerable amount of alcohol at the time of the crime of this case, but there was no ability to discern things

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders;