A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 04:50 on June 15, 2016, the Defendant discovered the victim F (the age 24) who was under the influence of alcohol on the delivery of the e-mail road in the vicinity of the shooting distance prior to the police box at the port north-gu, Mapo-gu, Mapo-si, Mapo-si, and tried to engage in sexual intercourse. The Defendant driven the said car on the way next to the delivery being used by the victim by driving the GSM-bb car at his own driving, and parked the said car to the parking lot of the JW Welfare Center located in H located in the south-gu, Mapo-si, the human resources of which are located in H.

The defendant continued to move the victim's clothes to the back of the victim who had no awareness of drinking, and cut the victim's chest with the victim's clothes, cut off the son's chest and brogate, cut off the panty of the victim, cut off the victim's panty, and tried to engage in sexual intercourse with the victim's panty, but did not have the intent to do so with the wind accompanying the surrounding person, and did not have the intent to do so.

Accordingly, the defendant tried to have sexual intercourse by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, CCTV photographs for police officers and night-use vehicles-use vehicles, and assessment reports on genes;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The Defendant’s age, family environment, and social relationship acknowledged in the record under 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, Article 50(1) of the Act on the Protection of Children