except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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

The defendant is a teacher of C elementary school and a victim D (n, 31 years of age) workplace.

From November 5, 2016 to November 11, 2016, the Defendant: (a) performed a schedule with the victim and his assistant principal, leading 14 elementary school students to visit “school located in Australia” with them; (b) completed work at the hotel of “G” located in Australia (03:10) on November 10, 2016; and (c) completed a meeting at the hotel of “E” with the victim and returned to the respective room of the victim. The Defendant, before the victim’s room, had the victim intending to visit the victim’s body with his/her finger, and went out of the victim’s body by placing the victim’s chest, such as the victim’s body being sealed, and the victim’s body was tightly removed from the victim’s chest, and the victim’s body was removed from the victim’s chest to the victim’s body, and then the victim was removed from the victim’s chest, and the victim’s body was removed from the victim’s chest to the victim’s body and her mother.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. A statement of the circumstances of the sex-related case and a transcript of each recording;

1. Hotels of hotel rooms, guest rooms, and closures of H;

Application of Statutes

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 (Considering favorable circumstances among the reasons for sentencing below):

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. In full view of the facts that the registration of personal information of the accused and the participation in the course of sexual assault treatment can have the effect of preventing recidivism in light of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, 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 fact that the accused has no record of being punished for a sexual crime, the age of the accused recognized in the record, social relationship, etc., it is deemed that there is a special circumstance in which the disclosure of

Registration 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 thus is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

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

2. Scope of recommendations according to the sentencing criteria;

Since it is an attempted crime, the sentencing criteria are not applied.

3. Determination of sentence;

The crime of this case is about the attempted rape of a victim working in the same workplace, and the nature of the crime is not good.

However, there is no fact that the defendant recognized the crime of this case and expressed against the defendant, the victim was the person in front of the defendant, the victim was consulted with the victim, the defendant was subject to death from the victim immediately after the crime was committed, and the defendant tried to have sexual intercourse with the defendant in the process of committing the crime, and there is no other fact of assaulting or threatening the victim, except for the defendant forced to be exempted from clothes and attempted to have sexual intercourse, and the above crime was committed is committed in an attempted crime, and the defendant was the first offender, etc., the circumstances favorable to the defendant should be taken into consideration, and the various sentencing factors specified in the records and arguments of this case, such as age, character and behavior, family relationship, motive and circumstance after the crime, etc., shall

Judges, senior citizens and senior citizens.

Judges Kim Jae-han