Defendants shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On August 25, 2013, at around 01:00, the Defendant: (a) discovered the Victim N (M), who was unable to hold the body of drinking alcohol at the main point of “M” located in Gangdong-gu Seoul Metropolitan Government L, and then accessed the victim with a mind to rape the victim.

From 02:33 to 04:55 on the same day, the Defendant: (a) placed the victim on a bed while leaving the bed part of the victim; (b) laid off the victim’s bed part of the victim’s clothes; (c) laid off the victim’s clothes by taking advantage of the state where the victim is unable to be breadable and unable to do so; (d) laid down the victim’s chests, etc. into the part of the victim’s sound; and (e) inserted the victim’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of N police statement;

1. Police investigation reports (victims and on-site appraised reports and replies on the results of appraisal);

1. A report on the occurrence of crime;

1. Written reply to the request for appraisal; and

1. On-site reports on results of field identification;

1. Credit card sales slips;

1. Application of the Acts and subordinate statutes on screen pictures following a CCTV closure;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Determination on the assertion by the Defendant and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument is that the defendant is off the victim's clothes, and frightened the victim's chest, etc. into the part of the victim's drinking, but the defendant did not have sexual intercourse only with the victim by putting the victim's finger into the part of the victim's drinking, because he did not have sexual intercourse.

2. In full view of the following circumstances acknowledged based on each of the above evidence, the Defendant’s act of indecent act against the victim is not limited, and the Defendant’s sexual intercourse is acknowledged by inserting the sexual organ into the victim’s negative part.