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

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

Punishment of the crime

On December 19, 2019, the Defendant: (a) around 02:20 on December 19, 2019, at the Busan-gu Btel, Busan-gu Office Office; (b) on the road, the Defendant tried to rape in accordance with the victim C (the name of the victim, the 22 years of age) and to approach the victim’s back to the entrance of the 1st floor of the instant officetel, thereby preventing the victim from suffering in two hands; (c) around 10 meters until the front of the 1st floor of the said building, he was towed by the victim’s name, pushed and pushed down the victim into the bridge; and (d) the victim’s face by putting the arms and legs again into the victim’s arms and legs, and led to rape, but the victim was not tight and pushed by the victim.

Accordingly, the Defendant attempted to rape the victim by impairing the residence of the above studio occupants.

Summary of Evidence

"2020 Gohap91"

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. On-site photographs, CCTV images to captures, CCTV images, etc. (Evidence Nos. 21, 26);

1. Application of the Acts and subordinate statutes on the report of internal investigation (D'D' CCTV image) and the report of internal investigation (suspect tracking of suspect ships) to the scene of occurrence;

1. Article 15 and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319(1) and 297 of the Criminal Act concerning criminal facts;

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 order of disclosure or notification of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure or notification, 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 needs to be prudented in that it may seriously affect the accused, and sexual assault against the accused.