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 40 hours.

Punishment of the crime

The Defendant is the victim C (Article 23 of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes, and Article 7 of the Act on Protection, etc. of Specific Crime Informants, etc.) who operated a restaurant in the vicinity of the clothes located in Seosan-si operated by the Defendant.

On September 23, 2016, the Defendant, on September 23, 2016, sent off the panty of the victim, who was under the influence of alcohol, by using the victim’s clothes in the above room room under the influence of alcohol, in order to have sexual intercourse with the victim. The Defendant opened an open door of the unrected clothes and intruded into the inside room, and was under the influence of the victim.

In addition, while the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss under the influence of alcohol, the victim was not able to have the defendant's chest broken out from the lock, and the defendant did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Sexual Crimes, and Articles 319 (1) and 299 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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 notify the public, 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 (which is acknowledged that a defendant has committed a sexual crime, as stated in its reasoning, but, if the defendant is deemed to have committed a sexual crime, taking into account the background of the crime, the circumstances before and after the crime, and the fact that the defendant has no criminal record at the same time,

It is difficult to readily conclude.

The necessity of imposing security measures such as disclosing personal information on the defendant is not significant.