A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is in the relationship between male-friendly job offering C and the workplace of the victim B (n't, 32 years of age).

On October 22, 2019, at around 09:05, the Defendant: (a) discovered the victim who was divingd from the above C at the bed, after drinking alcohol with the victim, at the victim’s residence located in Gangdong-gu Seoul △△△△△△△△, and was locked, and tried to get off the victim’s will and panty with the victim’s intent to engage in sexual intercourse with the victim; and (b) tried to put the Defendant’s sexual organ into the part of the victim’s body while leaving the victim’s upper half of his body, and to put the victim’s sound into the part of the victim’s sound.

Accordingly, the defendant did not intend to engage in sexual intercourse by taking advantage of the victim's mental or physical condition of mental or physical failure to resist, but failed to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The police statement concerning B;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes on report of internal history (on-site photographs and photographs);

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the 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; since the Defendant had no record of being punished for sexual assault crimes prior to the instant crime, it is difficult to readily conclude that the instant crime alone constitutes a risk of sexual assault and recidivism.

It seems that only the registration of personal information of the defendant and the completion of sexual assault treatment programs can prevent recidivism to a certain extent.

In addition, the defendant's age, means and methods of committing a crime, results, and order of disclosure.