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 August 28, 2016, the Defendant discovered the victim D (bee 25 years of age) who was locked and locked on the floor with drinking alcohol in the front of the Gangdong-gu Seoul Building on August 22:43, 2016. The Defendant: (a) discovered the victim D (bee 25 years of age) while drinking alcohol; (b) discovered the victim by withing the victim; and (c) laid the victim in a double arms and boldly 20 meters away from the above 1st floor of the above building; (d) taken the victim’s emergency stairs inside the 1st floor parking lot of the above building, where approximately 20 meters away from the 20 meters away from the 20th floor, was laid off on the floor, and the Defendant exceeded the victim’s half and clothes; and (d) tried to have sexual intercourse with the victim by taking advantage of the victim’s refusal to resist; and (d) did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement made to D (victim) by the police;

1. A written statement of reported persons E;

1. Application of the Acts and subordinate statutes to photographs of the place of crime, and photographs and field photographs at the time of arrest;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. 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 disclosure order and an order of notification, 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 criminal punishment for sexual crimes prior to the instant crime, and the social relation is clear when considering occupation, residence, and family relationship, and the defendant’s recidivism risk will be reduced only by the completion of imprisonment, personal information, and sexual assault treatment programs.

Therefore, when comparing and balancing the preventive effects and side effects expected by the disclosure or notification order to the defendant, the personal information of the defendant shall not be disclosed or notified.