The defendant shall be punished by imprisonment with prison labor for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On May 30, 2018, the Defendant: (a) around 16:30 on May 30, 2018, in the Seoul Special Metropolitan City, the Defendant: (b) around 16:30, the Defendant, along with D and D’s female-friendly job offers victim E (n, 20 years of age) who had been under the influence of alcohol while drinking together with the Defendant, attempted to engage in sexual intercourse with the victim by cutting off the victim’s panty and buckbucks; and (c) inserting the victim’s sexual organ by inserting the Defendant’s sexual organ into the victim’s state of refusal to resist; (b) however, the Defendant did not proceed with the victim’s attempt to engage in sexual intercourse by working in the part of the victim’s place, even though the victim was left at the same time.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the legal statement of D and victim E;

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

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the Defendant has no record of being punished for a sexual crime, and the Defendant is expected to have the effect of preventing recidivism even with the registration of personal information of the Defendant and the program program for treating sexual assault against many and unspecified persons. It is difficult to readily conclude that the instant crime alone has the sex crime tendency against the Defendant. In full view of all the circumstances, including the Defendant’s age, occupation, and social relation, etc. as indicated in the argument in the instant case, there are special circumstances in which

1. In full view of the contents and results of the instant crime under the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, social ties, existence of punishment power for the same crime, etc., the recidivism of the crime is deemed to have been committed.