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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal record] On February 3, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Ulsan District Court on February 3, 2017, and the said judgment became final and conclusive on June 1, 2017.

[2] On October 17, 201, at around 18:40, the Defendant: (a) discovered that the victim D (here, 29 years of age) walked around the site of the new apartment construction in Gyeyang-si, Yangsan City; (b) had a bicycle before the apartment site security room in order to find out that the victim was rape; and (c) had a bicycle before the apartment site security room in front of the apartment site, waiting the victim; (d) had his sexual organ sealed the victim; (c) had the victim’s shouldered by his hand; (d) prevented the victim from resisting the victim’s body; and (e) had the victim resisted the victim with his hand; and (e) attempted to rape the victim by getting off the victim’s seat; (e) having the victim face with his hand; and (e) has attempted to commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each internal investigation report and investigation report;

1. A written response to each request for appraisal;

1. Records of crime: Application of Acts and subordinate statutes to inquiries, such as the list of relevant cases and criminal records;

1. Relevant Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts (the attempted rape)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply); Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Apr. 7, 201)

1. The proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which an order to disclose or notify is exempted (the defendant's age);