A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

The defendant is an instructor of a local study institute, and the victim C (V, 19 years of age) gets us from the defendant with a strong instruction on the warning.

From February 23:00 on the same day from February 18, 2014 to 24:00 on the same day, the Defendant: (a) performed alcohol with the victim before the victim and the victim go together; (b) went through the her to the her mother; (c) had the victim go through the her to the her mother; and (d) had the victim got into the her mother to rape with the victim.

The Defendant, while under the influence of alcohol, tried to have sexual intercourse by putting his or her own sexual organ out of the victim's panty by taking advantage of the victim's state of impossibility to resist, and inserting him or her sexual organ into the victim's negative organ, but did not have the Defendant's sexual organ properly developed, but did not have the intent to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Statement to C by the police;

1. Investigation report (No. 21 No. 5 of the evidence list);

1. Application of the Acts and subordinate statutes to capture CCTVs;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

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

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 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, 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 are favorable to the following grounds for sentencing, such as having no record of sex offense, and the circumstances leading to the instant crime, etc., are difficult to deem that the Defendant is highly likely to recommit a sexual crime, due to the disclosure