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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

On March 2018, the Defendant was a deader who diversized with the Victim B (Min, 18 years of age) and the diving.

Around 08:00 on May 18, 2018, the Defendant called “D” club located in Gangnam-gu Seoul, that she would be able to make a call to her home with her friendship,” and she met the victim. At around 10:00 on the same day, the Defendant wishes to divide her talk with the victim before her friendship F's house in E, and she also came into the F's house. The Defendant she she she she was her own after having come into the toilet within F's house, and she she was her back to the victim's house and she was her back to the victim's body without having the victim her back to the Defendant's seat, but she tried to open the victim's body and she was her back to the victim's body, and she tried to open the victim's body before the victim's body, and she tried to open the victim's body from the victim's body to the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to G telephone conversations for reference);

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes concerning H-cap outputs;

1. Article applicable to criminal facts;

Articles 300 and 297 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Suspension of execution;

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

1. Order to attend lectures;

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

1. An employment restriction order;

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

Main text

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the Defendant has no record of criminal punishment for sexual crimes before the instant case, and it is difficult to readily conclude that there is a risk that the Defendant may recommit a sexual crime against an unspecified female in light of the relationship between the Defendant and the victim. Furthermore, the Defendant’s imprisonment with prison labor, registration of personal information, order to attend the sexual assault therapy course, and restriction on employment to institutions related to children and juveniles is likely to have an effect to prevent recidivism. In addition, considering the Defendant’s age, environment, family relationship, social relationship, motive and consequence of the crime, method and consequence of the disclosure or notification order, comprehensively considering the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the effect of preventing sexual crimes subject to registration, protection of the victim, etc. of the Defendant’s personal information disclosure or notification order.]

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendations on the sentencing criteria: An attempted crime, so the sentencing criteria shall not apply.

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, seeking rape, and was committed by the Defendant. In light of the details and methods of the crime, etc., the nature of the crime is not somewhat weak. The victim appears to have caused considerable mental shock and sexual humiliation.

The circumstances favorable to ○: (a) the instant crime was committed against the attempted attempt. The Defendant recognized his mistake and reflects himself; and (b) there was no record of criminal punishment prior to the instant case. The victim did not want the punishment against the Defendant by agreement with the Defendant.

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to

Judges Park Jong-ro

Judges Park Jae-gu