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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law in the Incheon District Court’s Vice-Support on January 5, 2017, and was sentenced to a suspended sentence of two years for a violation of road traffic law. The above judgment became final and conclusive on January 13, 2017, and is currently under suspended sentence.

[2] On May 20, 2018, at around 05:40 on May 20, 2018, the Defendant: (a) performed drinking together with E, the Defendant’s workplace employee E and E’s female-friendly job offers victim F (the age 26, the name of the Defendant); and (b) performed drinking together with E’s friendship G; (c) the Defendant was able to have sexual intercourse with the Defendant using the Defendant’s workplace employee E and E’s workplace condition; and (d) the Defendant was unable to resist by drinking.

The Defendant, even though he was aware of the Defendant’s hand on the part of the victim, did not resist any resistance by the victim under the influence of alcohol, she was out of the victim’s panty and panty, and tried to inserting the Defendant’s sexual organ into the part of the victim’s panty, but he was in the front of the victim’s sexual organ, but she was in the front of the victim’s friendly G was moving back to the toilet and she was in the front of the victim’s friendly G, and was in the wind of the Defendant and her eye.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, but did not have attempted to do so.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police with respect to G or F;

1. Previous convictions in judgment: Investigation report (the report of confirmation during the period of suspension of the execution of suspects) and application of statutes of one copy of judgment;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the defendant shall be a sexual crime);