A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On October 23, 2013, at around 22:15, the Defendant, while getting a bicycle in front of D in Seo-gu, Seo-gu, Gwangju, was under the influence of alcohol, and the Victim E (the age of 37) was under the influence of alcohol, and the Defendant was able to commit rape by using the state of mental disorder.

Since then, the Defendant was found to have attempted to have sexual intercourse by police officers who received a report and sent out, and attempted to have sexual intercourse with the victim's sexual organ listed above the victim's body by putting the victim's sexual organ into the victim's sound book by deceiving the victim's chest, cutting off the victim's chest and panty, leaving the victim's chest and panty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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. 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the instant criminal facts against a defendant who has registered his/her personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information

The crime of this case on the grounds of sentencing is deemed to require strict punishment of the Defendant in light of the fact that the Defendant attempted to rape and attempted to commit a crime committed by the Defendant under the influence of alcohol, and the nature of the crime is not good. Nevertheless, it is recognized that the Defendant did not agree with the victim or recover damage.