A defendant shall be punished by imprisonment for not less than 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 October 25, 2017, at around 22:00, the Defendant parked the EM5 car owned by the victim D (n, 42 years of age) in the front of the owner of the Seo-gu Incheon Building, Seo-gu Incheon Metropolitan City, and then brought the victim's hump into the victim's hump by drinking at the rear seat of the said car, and brought the victim's hump into the victim's hump, and hump on the shoulder of the victim. In other words, the Defendant tried to put the victim's hump into the part of the victim's hump, and added the victim's hump into the part of the victim's hump, but the victim could not hump and hume the victim's hump.

Although the Defendant continued to ask the victim's face on the chest of the victim, the victim was not able to ask the victim's face on the chest of the victim by pushing the victim's face, and the victim "I am Ma. E. E. E. E. E. I am. I am. I am. I am." while the victim "I am. I am. I am only I am. I am. I am. I am. I am. I am." The victim tried to put the Defendant's sexual organ into the part of the victim's sexual organ by taking the victim's arm's length and taking over, but the victim resisted strongly.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, but did not go against the victim and did not commit the victim's intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the closure of the contents of text conversations between the accused and the victim;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) to the Employment-restricted Order.