A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

At around 02:30 to 03:00 on May 27, 2019, the Defendant, as the guidance of the victim B (n, 15 years of age), had sexual intercourse with the victim by putting his hand in the body of the victim who was under contact with the victim by entering the victim’s room at his/her residence located in Gongju-si, Gongju-si, and inserting him/her inside the body of the victim, and inserting him/her into the body of the victim with his/her chest and panty, and inserting his/her sexual organ into the body of the victim.

As a result, the defendant tried to quasi-rape the victim by taking advantage of the victim's condition of mental or physical disability or non-opportune, but the victim was locked and was not able to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police station and prosecutor's protocol concerning B;

1. On-site photographs, and photographs comparing the body of the victim with the victim;

1. Application of each marriage relation certificate (suspect, D), each family relation certificate (suspect, and D);

1. Articles 15, 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act (the attempted quasi-rape in relation to relatives), Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act (the attempted quasi-rape in relation to children and juveniles);

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on the crimes of quasi-rape heavier than that of the punishment) of the Commercial Concurrent Crimes;

1. Selection of the sentence: Provided, That the lowest sentence of imprisonment shall be subject to the punishment determined by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to quasi-rape in relation to relatives);

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Matters concerning the protection of children and juveniles against sexual traffic who are exempted from disclosure and notification orders and employment restrictions orders;