A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

At around 23:00 on September 24, 2012, the Defendant drinked alcoholic beverages along with Dong dues, including the victim D (n, 19 years of age) who performed a work together at C Station C C C C Station, and around 00:40 on September 25, 2012, the Defendant took the victim’s burled to the victim’s 201 room of “F hotel” in Gangnam-gu Seoul, Seoul, with his/her trade name, “F hotel” in Gangnam-gu, and took the victim’s walk together with his/her walk. In other words, the Defendant tried to get off the victim’s clothes in a state in which it is impossible to put the victim into the said telecom and put his/her finger to sexual intercourse with the Defendant’s sexual organ, but was unable to bring about a sexual intercourse with the victim’s mother.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-performance state.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Judgment on the assertion of the accused and defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The summary of the claim is that the Defendant, while drunk on the day of the instant case, putting the victim under the influence of alcohol in the F Hotel located in Gangnam-gu Seoul, Seoul E (hereinafter “the instant cartel”) and inserted the victim’s fingers into the sound book in the instant case at the instant moment. However, this is merely an indecent act, and there is no fact that the Defendant attempted sexual intercourse, such as using the victim’s sexual organ at the victim’s sound book, etc.

2. Determination

A. The following facts are acknowledged according to the evidence mentioned above in the circumstances of the instant case.

1) From February 2012 to Gangnam-gu, the victim was her part-time in the “C” located in Gangnam-gu Seoul, and around September 24, 2012, around 23:00, performed alcohol at the same time with five members, including the Defendant, around September 24, 2012.