A defendant shall be punished by imprisonment for a term of one year and nine months.

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

Punishment of the crime

The defendant is a person who was in a marital relationship with the victim B (here, 32 years of age) and was in a marital relationship with the victim.

The victim suffered from Maulule on July 5, 2017, and was able to stay in Kimpo-si C and △△△△△ day where the victim's words and the defendant live in the hospital due to self-harm on July 5, 2017.

On July 5, 2017, the Defendant, alone, told the victim to have sexual intercourse, regardless of whether the Defendant spawn in the Defendant’s house or not. On July 6, 2017, around the new wall, the Defendant: (a) taken off the victim’s bar, who was exempted from the number prescribed at the lower room of the Defendant’s house, and was unable to resist because of the Defendant’s failure to resist; and (b) took off the victim’s body against panty; (c) tried to have sexual intercourse, the Defendant spawndd the victim, and her fladdddled, her rape, and went out of the room.

In this regard, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, but did not have such intent.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. The list of currencies, the details of letters, the contents of conversations, and records of conversations;

1. Application of Acts and subordinate statutes concerning treatment;

1. Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 an order to disclose and notify such information, and an order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) [the defendant's age, environment, social relationship,