The punishment of the accused shall be determined by two years of imprisonment.

To the defendant, a sexual assault treatment program for 120 hours is provided.

Criminal facts

The defendant is between the defendant living together with D and the victim E (the age of 17 at the time of committing the crime) is a second time after D's child.

The Defendant, from April 18, 2015, 01:30 to April 18, 2015, drinks together with the victim, D, etc. in Nowon-gu, Seoul Special Metropolitan City F, 406 Dong 1405 (hereinafter “instant apartment”).

On April 18, 2015, at around 08:00, the Defendant, under the influence of alcohol in the apartment living room of the instant apartment on April 18, 2015, sent the chest and fluor of the victim’s chest and fluor, followed by the victim’s hand, led the victim’s hand to have the sexual organ, followed the Defendant’s sexual organ, and attempted to have sexual intercourse with the Defendant. However, even though the victim was forced to refuse it and pushed the Defendant, the Defendant was not able to commit so.

Accordingly, the defendant tried to have sexual intercourse with a victim who is in an impossible state of resistance, but did not have such sexual intercourse.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Data and written contract for the closure of a victim's photograph and the details of the transmission of text messages from mobile phones (victim-suspects), and the details of the transmission of text messages;

1. A criminal investigation report (Submission of a recording file with a suspect) and a recorded file CD (the defendant and his/her defense counsel No. 13) were prepared by the victim's husband G's coercion;

However, according to the above evidence and G’s legal statement, the defendant, at around April 21, 2015, without being informed of harm and injury from G or damaged, can sufficiently recognize the fact that he/she prepared the contract with the genuine intent while he/she was the victim of the crime of this case.

The above contract shall be admissible as evidence.

Application of Statutes

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

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The exemption from disclosure orders and notification orders shall be concerning the protection of children against sexual traffic;