A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On August 25, 2015, around 03:30 on August 25, 2015, at the Defendant’s house located in Songpa-gu Seoul Songpa-gu Seoul F operation 206, the Defendant discovered the Victim G (23 tax and female) who was locked in a ward under the influence of alcohol to have sexual intercourse with the female in an impossible state of resistance, and added it to the facts charged as follows: (a) was discharged from both the Defendant’s bar and panty, and the victim was able to dance with her own finger and panty; and (b) was discharged from the charge of putting the victim’s chest by her inner part with her own finger and her finger in a state of resistance; and (c) it was omitted from the charge of putting the victim’s breast and her finger in a state of resistance.

The victim tried to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, such as getting off or getting off the victim, but the victim resisted himself/herself and failed to commit the crime.

Summary of Evidence

1. A statement to the effect that the defendant was aware of the victim's wife by mistake during his/her legal statement;

1. Each legal statement of the witness G (victim), H, I, and J;

1. Statement of the police statement related to G;

1. Correspondence to a request for appraisal (examination of alcohol concentration in blood of a victim);

1. The criminal defendant and male victim-friendly CDs;

1. Application of Acts and subordinate statutes to a letter message sent to I by the defendant;

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 disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of criminal punishment for sex crimes before committing the instant crime, and social ties are clear, and the Defendant’s recidivism risk is reduced solely on the completion of personal information registration and sexual assault treatment programs.