A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On March 2, 2015, around 00:06, the Defendant: (a) discovered the victim D (bee 20 years of age) who was drunk in front of the Guro-gu Seoul Metropolitan Government building and was unable to properly hold the body; (b) abandoned the victim; and (c) went back to the Seoul Guro-gu as 406 Felel located in Guro-gu Seoul Metropolitan Government around March 2, 2015.

The Defendant, in his place, tried to have sexual intercourse with the victim who was off the victim's panty and who did not seem to have any response, and tried to have sexual intercourse with the victim, who was unable to resist, and was faced with the body of the victim, and raised the victim's chest, but did not put the victim's sexual organ into the victim's sexual organ because the victim's sexual organ was not discovered.

Accordingly, the defendant tried to commit sexual intercourse by using the victim's non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the second public trial records;

1. A protocol of partially examining the suspect against the defendant;

1. Statement of the police statement related to G;

1. A report on investigation (before and after the preparation of a report on the interrogation of a suspect), a report on investigation (to verify the observation of the Hel situation) (CCTV) and a report on investigation (to reply to a request for appraisal);

1. A response to a request for appraisal [98 pages of evidence] [a observation at the situation in which the Hashes in front of the Hashes in Furhers are exposed (CCTV)] is made by inserting his/her own hands behind the left part of the victim who was unsured and walked properly, and the face on which the defendant puts up his/her hand behind the latter;

A staff G who observed the situation in which the defendant and the victim entered the Fel has taken the victim into the Moel by leaving the victim, and the victim was unable to properly hold the body of the victim due to a large drinking alcohol.

was stated.

On March 2, 2015, the victim was found to have panty and panty from 02:30 Maurher on March 2, 2015, and around 04:00 on March 2, 2015 at the hospital.

Considering such circumstances, the victim was in a state where it was completely impossible for the victim to resist under the influence of alcohol at the time of committing the crime.

It is reasonable to see the law.