A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant had the victim C (the age of 18) committed sexual intercourse with the victim using a thing that does not have a mind of underbreathing, when he was born to the taxi as a hydro-gu D apartment, which is a destination, at the front of the Samduk Fire Station in Daegu-gu.

On March 2, 2013, the Defendant: (a) around 11:20 on March 2, 2013, the victim was placed on a bend, placed on the bend, lying on the bend; (b) she was able to look back on the bend, her chest on the part of his/her bend, and her bend; and (c) the victim was her attempted to pushed the Defendant.

Accordingly, the Defendant attempted to rape the victim by taking advantage of the state of the victim who was unable to resist in alcohol.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness G;

1. C’s statement recorded in the video CD;

1. Recording records;

1. Each report on investigation;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning an order to disclose;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the victim under the influence of alcohol speaks that the victim would take the room, and the victim was not under the influence of alcohol at the time of coming to the room, and the victim was able to receive taxi expenses in the room of the mother, and only the victim was able to receive taxi expenses in the guest room.