A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant and the victim B (the ages of age 49) (the Defendant and the victim and the victim) moved only the Defendant and the victim to 3 K practice rooms located in Chang-gu, Chang-gu, Jinhae-gu, Chang-si, from around 18:30 on March 28, 2019 to 18:0 on March 28, 2019, after having 2 of the Dong c, from Chang-si, around 18:30 on March 28, 2019, around 0:0 on March 28, 2019, while drinking together, they were trying to have sexual intercourse with the victim's body while getting off the victim's body while drinking. The Defendant and the victim B (the ages of age 49) were exempted from all the Defendant's lower part of the victim's body while trying to have sexual intercourse with the victim's body, and did not have been dismissed to F, the principal of the singing practice room.

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

Summary of Evidence

1. Legal statement of witness F;

1. Protocol of examination of the witness B;

1. Each police statement made to F and B (tentative name);

1. A gene appraisal statement (Evidence Nos. 18);

1. Reports on internal accidents (based on the analysis of CCTV images) and CCTV photographs;

1. The application of investigation report (in relation to the internal photographs of the singing practice room), and photographs of crime scene;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished for a sex offense; the Defendant’s sentence and registration of personal information against the Defendant; and an order to complete a sexual assault treatment program can have the effect of preventing recidivism; and the Defendant’s age, occupation, risk of recidivism; type, motive, and process of the instant crime.