A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a space between the victim and the victim in the E main points in Busan Dong-gu, Busan, which is operated by the victim C (the age of 43).

At around 03:20 on December 30, 2012, the Defendant: (a) directed the victim to rape while drinking beer with the victim; and (b) told the victim that “it should not be possible to do so; hereinafter the same shall apply)”, the Defendant: (c) led the victim to a sofac that was outside the victim alone; and (d) opened the victim from a sofacing sofacing so that the victim could not resist, so far as much as possible, the Defendant could not resist.

The defendant continued to have sexual intercourse with the victim by inserting the fingers in the negative part of the victim, but continued to have attempted to resist against the victim.

As a result, the defendant tried to rape the victim and tried to commit rape, and thereby, the defendant suffered from the victim's external suffering from the need for medical treatment for about one week.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. Each police statement concerning C and F;

1. A written appraisal;

1. Application of Acts and subordinate statutes to each investigation report (in the course of conducting an investigation into the field, attaching a medical certificate issued by a G hospital, and submitting a medical opinion issued by a H hospital);

1. Article 301, 300, or 297 of the Criminal Act applicable to the crimes and Articles 301, 300, or 297 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the argument is as follows: (a) one hundred thousand won shall be given to the victim at the time and place in the ruling; and (b) the consent of the victim.