However, the execution of the above punishment shall be suspended for three 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 shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

At around 02:00 on October 2, 2018, the Defendant, while drinking alcohol together with the victim’s OO (n, 25 years of age) located in the “C’ restaurant operated by the Defendant in Jongno-gu Seoul, Jongno-gu, Seoul, in order to have the victim lose his mind under the influence of alcohol, and to rape the victim. In addition, the Defendant was attempted to have sexual intercourse with the victim who had lost his mind and had panty in mind on the part of the victim, and had several medical persons off the victim’s boom and panty, and tried to have sexual intercourse with the victim who had been in the state of mental disorder. However, the Defendant attempted to have sexual intercourse with the victim who had lost his mind on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police at 000;

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. 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to readily conclude that the defendant has a risk of sexual assault and recidivism due to the absence of the same criminal record; Article 50(1) proviso of the Act on the Registration of Personal Information and Order to attend a lecture on the defendant may have the effect of preventing recidivism; and other circumstances such as the defendant's age, occupation, family environment, social relationship, and motive, means, and results of the instant crime

1. An employment restriction order;

The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Since an attempted crime is not subject to the sentencing criteria.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and three years of suspended sentence;

The crime of this case is committed by a victim, who is an employee at a restaurant operated by the defendant, and is trying to engage in sexual intercourse with the victim by taking advantage of his insane condition under the influence of alcohol, and the nature of the crime is not weak. The victim seems to have suffered considerable mental impulse due to the instant case.

These circumstances are disadvantageous to the defendant.

However, the instant crime was committed in the same way. The Defendant did not have any history of criminal punishment, and is against his or her mistake. The victim does not want the punishment of the Defendant. Such circumstances are considered as favorable to the Defendant.

In addition, the defendant's age, character and conduct, family relations, motive, means and result of the crime, and various sentencing conditions specified in the trial process of this case, such as circumstances after the crime, shall be determined as ordered.

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 is obligated to submit personal information to the competent agency pursuant to Article 43

For judges:

Judges Gangseo-gu