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

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

Punishment of the crime

On November 9, 2019, at the time of “C” located in Mapo-gu Seoul Metropolitan Government on November 9, 2019, the Defendant, while drinking alcohol together with the victim D (the name of the victim, the 23 years of age), moved with the victim, brought the victim's body in Seoul Seodaemun-gu Eel F, Seoul along with the victim, brought the victim's body while talking with the victim at around 10:00 on the same day, brought the victim's head, face, kis, kis, kis, and kis of the victim's body, and tried to suppress the victim's resistance by suppressing the victim's hand and to have sexual intercourse with the victim, and did not commit an attempted crime by resisting the victim's body and resisting the victim's resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Each prosecutor's office and police statement concerning D;

1. Written statements of D (including translations);

1. A photograph of the upper part of the body;

1. Application of Acts and subordinate statutes to investigation reports (Seoul Scientific and Investigation Research Reports replys to the results of genetic appraisal);

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

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

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommending sentencing criteria: The fact that the sentencing criteria do not apply to an attempted crime;

3. Determination of sentence: The instant crime committed in one year and six months from the date of the instant crime was committed by the victim, even though the victim continuously expressed his intent to refuse sexual intercourse from before the her mother to the time of the instant crime, the Defendant intended not respect the victim’s intent but to suppress the victim’s resistance and to engage in sexual intercourse, and the Defendant attempted to commit sexual intercourse with the victim’s resistance, and the Defendant’s liability for such crime is not easy in light of the circumstances of the crime.

The defendant is disadvantageous to only the victim when he/she makes compensation for or makes a report to the victim immediately after committing the crime.