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

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

Punishment of the crime

The Defendant is the same as the victim E (n, 18 years of age) and the university.

From around 19:00 to 23:00 on September 1, 2014, the Defendant was in line with the motive, including the victim, and drinking together with the victim after drinking I and the victim. The Defendant was unable to return the drunk victim at her own home. He heard the horses that she would go to the victim and the skin bank or the Maurel, and went to the victim at around 00:03 on September 2, 2014.

Since then, the defendant, while under the influence of alcohol, tried to have sexual intercourse with the victim who was locked, was off the victim's clothes, and inserted the defendant's sexual organ into the part of the victim's sound.

As a result, the Defendant, who is a child or juvenile, had raped the victim by taking advantage of the insane condition while under the influence of alcohol, and thereby, suffered from the victim’s damage to the sexual traffic requiring approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Investigation report (video recording of the victim E and the age of 18), internal investigation report (referring to the place of visit at the scene of the victim's telecom), investigation report (referring to the situation of moving to board a taxi at the entrance of the drinking house), investigation report ( listening to the suspect and the victim's telephone statement);

1. Application of Acts and subordinate statutes to a medical certificate and the list of extractions as a result of medical examination for victims of sexual assault;

1. Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant exempted from the disclosure order and notification order has no record of criminal punishment including sexual crimes, and sex offenders against the defendant in Korea;