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

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

Punishment of the crime

On June 26, 2013, around 03:40 on June 26, 2013, the Defendant discovered the victim D (25 years of age) who walked in the crosswalk in Gangnam-gu Seoul, Seoul, and had the mind to have sexual intercourse with the female.

피고인은 E 앞에 있는 빌라 앞까지 약 300m를 피해자를 뒤따라 간 뒤, 위 빌라의 현관문을 열고 들어가려는 피해자의 뒤로 다가가 어깨를 잡고 길 바닥에 넘어뜨리고, 피해자의 몸 위로 올라가 입을 맞추고 피해자의 얼굴을 핥으면서 한 손으로 피해자의 가슴을 움켜쥐고 다른 손으로 피해자의 원피스 속의 바지를 벗기려고 하면서 반항하지 못하게 한 후 발기된 성기를 피해자의 몸에 밀착시켜 비비는 등 강제로 성교하려 하였다.

However, while the victim continued to have a strong body, it was attempted on the wind that frights down and resists.

As a result, the victim suffered bodily injury, such as the impairment of double spam, which requires treatment for about two weeks.

As above, the Defendant attempted to rape the victim and attempted to commit rape, and thereby, sustained injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of prosecutor D;

1. Results of CCTV verification by this Court;

1. Application of Acts and subordinate statutes to photographs of victims, injuries, and outpatient treatment records;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

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

1. Where a criminal facts in the judgment of the court below are found guilty on the registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant shall be punished, etc. of sexual crimes.