A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

[Criminal Power] On November 27, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seo-gu District Court Branch Branch of the Daegu District Court on November 27, 2014, and the execution of the sentence terminated August 25, 2016.

【Criminal Facts】

At around 09:30 on December 14, 2018, the Defendant: (a) at the house of the Victim C (Gain, Gain, and 46 years of age) located in Gumi-si B, the Defendant classified the Victim’s hand by hand on the chest of the victim, who was under the supervision of the beds, and pressures the Victim’s resistance; (b) brought the Victim’s sexual organ into the Victim’s entrance, and led the Victim’s sexual organ into the Victim’s entrance, but (c) the Defendant did not go against the Defendant’s breabbbbbbs, and did not perform his intent.

Accordingly, the defendant, through violence or intimidation, tried to put the victim's sexual organ inside the mouth, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Recording records;

1. Report on internal investigation (including list 2 of evidence, attached materials), investigation report (including list 7, 14, and attached materials);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (including evidence list Nos. 9 and attached materials);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and an order to disclose or notify the accused’s age, occupation, family