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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a sound recording company called “D,” and the victim E is a member of the Defendant Company.

At around 00:30 on January 16, 2018, the Defendant tried to keep the victim's sexual organ and to have sexual intercourse with the victim's clothes, but the Defendant did not have attempted to escape out of the room, by resisting the victim's shoulder, such as breaking the victim's fingers, which had been seated at the victim's body, with his/her hand, with the victim's body fright and resistance, she was able to prevent the victim from suffering with his/her body fright and resistance, with his/her fingers and her clothes. However, the Defendant failed to commit sexual intercourse with the victim, which led to extreme resistance of the victim's hand, such as breaking the Defendant's hand, thereby leading him/her to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Chapter Two Acts and subordinate statutes to photographs;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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, and Article 62-2 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Juveniles against Sexual Abuse. The Defendant’s age, family environment and social ties, history, content and motive of the crime, method and consequence of the crime, order to disclose or notify.