Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

On January 23, 2020, the Defendant, within the “C” male water area located in Bocheon-si B on January 23, 2020, came back by side of the victim D (the name, south, and age 42) who was divingd by her body, and attempted to spare the victim by her arms, and continuously inserting the victim’s sexual organ into the victim’s resistance. However, the Defendant’s act did not lead to the wind of the victim’s resistance against the Defendant, which occurred at the place of the victim’s play.

Accordingly, the defendant tried to commit similar rape and attempted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (F counterpart search and investigation of witnesses);

1. Relevant Articles 300 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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 a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant has no criminal record of a sex offense.

It seems that only the registration of personal information against the defendant, the order to attend a lecture for treatment of sexual assault, and the employment restriction order can prevent the defendant from repeating the crime.

In addition, the defendant's age, the background and method of the crime of this case, and the disclosure notification order are more effective than the disadvantage and anticipated side effects that the defendant will suffer.