A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

Around 14:30 on November 4, 2018, the Defendant used a csports club located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant sports club”) for the victim D (one, 24 years of age, hereinafter “victim”) under the influence of alcohol in front of the building. “A large number of people is passing,” and “a large number of people should not be open to the building,” and “a large number of people is going into the building,” and the victim was taken into the room of the sports club of this case by moving the victim into the room of the sports club of this case, the victim was able to take the shoulder of the victim from the bottom to the upper part of the victim, and the victim did not resist the victim’s upper part, and then the victim was able to have the chest her chest her breast, and her panty with the victim’s panty, and her panty, and then the victim she went out of the victim’s panty and the defendant’s sexual part.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

Summary of Evidence

1. The protocol of statement by the police of each legal statement of the witness D and E;

1. The application of the police statements of D to each investigation report (in the event of the incident, internal verification of Csports at the site of the incident, verification of CCTV at the site of the case, response to the victim's request for appraisal of sexual assault response set, telephone conversations by police officers on the site of the case, attachment of this case 112 reported case handling table, hearing of statements by telephone related to the results of suspect's genetic appraisal), written consent of the victim of sexual assault (sexual assault response key), CCTV video CDs (Evidence No. 16);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

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 notify disclosure of information, and the former protection of children and juveniles against sexual abuse.