A defendant shall be punished by imprisonment for not less than two years 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.

Criminal facts

The Defendant operated the Victim C (Y, 47 years old) and approximately 12 years ago.

We have come to know from Kin's house only.

On August 13, 2017, at around 03:35, the Defendant had a mind to rape the victim in the E-gu operated by the injured party on the Seo-gu Incheon D and the third floor.

The Defendant forced the victim to do so by force, and caused the victim to resist, and prevented him from breaking and leaving the victim due to the victim's resistance, and led the victim to a multi-use room in his place of business where he followed the victim, and forced the victim to walk up the chest of the victim, and forced the victim to talk with his chest, and attempted to rape the victim, but the victim did not go through the wind to resist. Accordingly, the Defendant inflicted an injury on both sides of the victim by the number of days of treatment that causes the hole of the two arms and the hole of both arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site and victim photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 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, and 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 punishment for the same crime and thus, risk of re-offending is found to exist;

It is difficult to conclude that the registration of personal information and the lecture order for sexual assault treatment also have the effect of preventing recidivism.