A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Around 17:00 on December 9, 2013, the Defendant parked in the Del parking lot located in the E-mailed car of the Defendant, the Defendant: (a) went beyond the chief of the e-mail vehicle where F (F, 41 years old) was seated; and (b) prevented the Defendant from resisting the part of the victim’s head at 3 and 4 times with the victim’s body on board; (c) prevented the Defendant from resisting the victim’s head at 3 and 4 times; (d) putting his hand in the victim’s clothes; (d) kid the victim’s chest by gathering his hand on the victim’s clothes; and (e) putting his hand in the victim’s panty; and (e) inserted his fingers into the victim’s negative part.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A letter of complaint filed by the F and reference materials;

1. Each record, each record, each summary of recording or video recording;

1. Each investigation report (the Nos. 6, 16, 18, and 21 of the evidence list), requests for the provision of communication data, and requests for cooperation in investigation;

1. The Defendant and the defense counsel asserted that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of the instant crime. As such, in light of the background, method and content of the instant crime, the Defendant’s behavior and attitude before and after the instant crime, etc. acknowledged by the evidence produced by conviction, it cannot be deemed that the Defendant did not have reached a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, and thus, the above assertion cannot be accepted.

Application of Statutes

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to notify;