However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be subject to probation and shall be ordered to take lectures for sexual assault treatment for 80 hours. The defendant shall be ordered to be subject to employment restrictions for three years at institutions, etc. related to children and juveniles.

On March 3, 2018, the Defendant came to know of the victim D (nive, 30 years of age) through mobile phone introduction display, and exchanged text messages and talked with text messages on March 31, 2018, and breaddd the victim first at a night on March 31, 2018. The Defendant: (a) breaddd the victim’s body to the F hotel located in Seocho-gu Seoul Metropolitan Government to the extent that the said victim’s body could not be accumulated.

On April 1, 2018, at around 00:38, the Defendant, at around 00:38, tried to put the part of the victim’s sound book, kyke, and kyke, kyke, kyke, kyke, kyke, kyke, and put the part of the victim’s sound book, but the police officer, upon reporting 112, was not able to put the door into the door.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical state of non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D and G;

1. An investigation report (related to the statement of 112 reporter), an investigation report (the analysis of CCTVs), an investigation report (limited to the analysis of CCTVs and to the closure photographs);

1. On-site documentary evidence photographs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 300, 299, and 297 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 and 1. Suspension of execution

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Orders for probation and education;

The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to imprisonment with prison labor, registration of personal information, probation, and an order to attend a lecture for treatment of sexual assault against the defendant), appears to have an effect of preventing re-offending to a certain extent. In addition, considering the defendant's age, environment, family relationship, social relationship, motive for the crime, method and consequence of the crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to disclosure and notification order, prevention of sexual crimes subject to registration, and effects of protecting the victim, it shall be determined that there are special circumstances where disclosure and notification of the defendant's personal information may not be disclosed or notified. Thus,

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. The sentencing criteria shall not apply to an attempted offender who is not subject to the sentencing criteria.

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant under the influence of alcohol and attempted to have sexual intercourse with the victim by taking advantage of the victim’s in a state of mental disorder or inability to resist, and thus, the nature of the crime is weak. Nevertheless, the Defendant sent the message to the victim and his family members immediately after the commission of the crime, namely, denying the Defendant’s criminal act and resisting the victim’s family members, and causing pain to the victim and his family members. The Defendant committed the instant crime despite the record of having been sentenced to each fine due to the crime of public performance and the crime of intrusion into female toilets, even though there was a history of serving a public performance and the crime of intrusion into a structure. The victim seems to have caused considerable mental impulse.

The circumstances favorable to ○○: (a) the Defendant denied the instant crime at the police investigation stage; (b) but thereafter, in the prosecution investigation stage and in this court, the Defendant recognized the instant crime. The instant crime was committed with multiple attempts; (c) the Defendant, who was only agreed with the victim and the Defendant, does not want to punish the Defendant; (d) the Defendant’s family members are relatively clear of social ties, such as the Defendant’s birth of the Defendant and leading the Defendant to the Defendant. In a case where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and obligation to submit personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 43 of the same Act

Judges Park Jong-ro

Judges Park Jae-gu