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

On June 25, 2014, at around 21:00, the Defendant, along with the members of the Dong Ri, including the victim C (V, 20 years of age) who work for the Defendant, performed drinking at a hold near the new village located in Seodaemun-gu Seoul Metropolitan Government, and tried to discover the victim who was unable to hold his body under the influence of alcohol until the completion of the drinking place and to have sexual intercourse with the victim.

Accordingly, the Defendant, around 04:00 on June 26, 2014, saved the victim, laid the trade name on the D 2nd floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to a distance from which it is impossible to know the trade name, laid down on the floor, laid down the knife in the brode of the victim who is unable to resist under the influence of alcohol, laid down the chest, cut off the part of the victim's clothes, cut off the part of the victim's chest, cut off the part of the victim's clothes, cut off the part of the victim's chest, cut the part of the victim's chest, and knife the part of the victim's knife, and tried to have sexual intercourse with the victim's knife. However, the victim knife and did not reach the sexual intercourse.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (verification of the occurrence of a case);

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

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 disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have no record of being punished for a sex offense before the instant crime was committed, and only the completion of personal information registration and sexual assault treatment programs can prevent the Defendant from repeating the crime to a certain extent.