Text
Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The Defendant, at around 03:00 on July 23, 2016, 203:0, Da Officetel 204 and Do Officetel 204, and Do Officetel 204, Do Officetel 24, and Do officetel 24 years old, Do officetel 204, and Do officetel 24 years old, and the Defendant, under the influence of alcohol, had the victim reported that she would have sexual intercourse with the victim, and tried to have sexual intercourse with the victim’s sexual organ inserted the Defendant’s sexual organ into the part of the victim’s sexual organ. However, the Defendant was not able to have sexual intercourse with the wind to resist from the lock.
Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the victim;
1. Application of F's self-culbing legislation;
1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;
1. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
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, 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 (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention to such an order.
The crime of this case is not a sexual crime against many unspecified persons, and there is no history of a sex offense against the defendant, and in this case, there is considerable effect to reduce the risk of recidivism by registering personal information and taking lectures to treat sexual assault.
In light of other circumstances, such as the Defendant’s age, sex, family environment, and social relationship, the effect of preventing sexual crimes, which can be achieved by the disclosure and notification order compared to the disadvantage and anticipated side effects that the Defendant would suffer, can be relatively less.