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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 06:00 on February 3, 2019, the Defendant tried to put the Defendant’s sexual organ into the guest room of Guro-gu Seoul Metropolitan Government Belc, and at around 06:00, the Defendant, as the preceding day, tried to look at the victim’s chest and sound, and to put the Defendant’s sexual organ into the Defendant’s sexual organ by putting the victim’s chest and panty, where it is impossible to d (fore, fluor, 24 years old) and E and knife while drinking as in the same manner as in the same day while she was under the victim’s seat, the victim’s knife and knife, and the victim’s knife.
Accordingly, the defendant was trying to have sexual intercourse with the victim by taking advantage of the state of mental or physical disability or impossibility to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D (alias) and E;
1. A report on internal history (CCTV verification and field photographs), CCTV images, and video analysis chart;
1. Application of Acts and subordinate statutes to a gene appraisal statement;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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;
1. In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, consequence, seriousness of the crime, disclosure and notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage caused by the Defendant’s injury, prevention effect of sexual crime, protection of the victim of sexual crime, etc., the Defendant’s personal information registration and attendance order alone appears to have no record of having been punished for a sex offense.