A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal records] On October 6, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on January 1, 2017 and completed the execution of the sentence.

[2] On March 25, 2017, around 00:30 on March 25, 2017, the Defendant: (a) while drinking the Victim AE (name, leisure, age 26) for the first time while drinking the Victim AE (age 26) at the alcohol house located in Mapo-gu Seoul Metropolitan Government AC, the Defendant saw the Victim as having no mind of drinking; and (b) caused the Victim to go back to the Mapo-gu Seoul Metropolitan Government AF Telecom.

On March 25, 2017, from around 01:00 to 02:20 on the same day, the Defendant laid off a victim drunk under the influence of alcohol in the above Moel AG from a bed, and laid off the victim in a bed spher, and her spherb and clothes, who are in an unspherable state, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each investigation report (Evidence list 3 through 6, 8, 12 through 14, 16, 17, 19, 24, 36);

1. Attempted quasi-rape;

1. Legal and chemical appraisal statements (list 7 of evidence), letter of reply as a result of on-site fingerprint appraisal, and each gene appraisal statement;

1. Ascertainment of the identity of the person who has attempted quasi-rape (list of evidence 9);

1. Notice of video materials on resident registration;

1. Three CCTV CDs and one CDs;

1. Photographs output (Evidence list 40);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (within the extent of proviso of Article 42 of the Criminal Act);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 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 disclosure and notification orders; Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.