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

The defendant shall complete the sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal record] On June 18, 2009, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) sentenced the Seoul High Court to two years and six months of imprisonment due to indecent act by force, and completed the execution of the sentence in the Gangnam Prison on June 11, 201.

【Criminal Facts】

The defendant is Smarket delivery personnel, and the victim C (the age of 53) is a person who operates the D key points and was known in the same four times.

At around 02:00 on July 7, 2013, the Defendant found the D main points located in the first floor E underground, and ever 2 times in the second room in order to commit rape with the victim who was in the cresh by drinking mixed alcoholic beverages and singing without any way in the vicinity.

The Defendant, while making a defect in the victim’s life counseling and talking with the victim, tried to have the victim’s hand khly, left the victim’s hand in another room, left the victim’s blick, forced him to go off the victim’s blick, and forced him to go off the victim’s blick, and tried to go off the victim’s body by her hand, and then left the victim’s hand, and resisted the victim’s right back and left side by leaving the victim’s body.

Accordingly, in order to suppress the victim's resistance, the defendant got off the victim's face at hand, and the victim was arrested by the staff and police officers of the Es.S. private guard company who was dispatched to the private guard company by making a report to the defendant, using the gaps that the defendant does not seem to have been in crisis, and in the process, the victim was in an open position to view the victim's treatment for about two weeks.

Accordingly, the defendant tried to rape the victim, and the defendant inflicted an injury upon the victim.

[Judgment of the court below] The court below erred by misapprehending the legal principles as to sexual crimes, thereby affecting the conclusion of the judgment.