A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with the victim D (V, 22 years old) in a de facto marital relationship with the victim E.

On May 20, 2017, between around 02:15 and around 03:17, the Defendant entered the Southern-gu Incheon Metropolitan City F apartment house 103.501, where the victim is under influence of alcohol, and tried to remove the victim's booms and clothes, and attempted to put the Defendant's sexual organ into the part of the victim's sound. However, the Defendant stopped the Defendant from committing the crime by leaving the Defendant's body back.

As a result, the Defendant attempted to rape by using the victim in an inception state while under the influence of alcohol, but attempted to commit an attempted rape.

Summary of Evidence

1. Partial statement of the defendant (as at the trial date in the second and third instances);

1. Statement made by each prosecution with respect to D and E;

1. A family relation certificate, abstract, such as a resident registration card, and E family relation certificate and a marriage report;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of kinship between the victim and the suspect and the investigation of the victim);

1. Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. on Criminal Crimes; Article 299 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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 information, 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 (in light of the relationship between the Defendant and the victim, it is difficult to readily conclude that the Defendant is highly likely to recommit a sexual crime against an unspecified female.

In addition, the sentence of imprisonment to the defendant, the registration of personal information, and orders to complete sexual assault treatment programs are to prevent recidivism to a certain extent.