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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On October 24, 2019, at around 03:30, the Defendant, at the residence of the victim D (the 27 years of age, hereinafter “victim”) located under the Bupyeong-gu Incheon Bupyeong-gu B Building C (the 27 years of age, hereinafter “victim”). While drinking together with the victim, the victim was able to rape the victim by using the breath under the influence of alcohol, and attempted to rape the victim with the her pande and panty, who was suffering from the victim. However, the Defendant attempted to rape the victim in the state of her ability to resist. However, the Defendant discovered the victim’s birth and waiver of the victim’s sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to D, protocol of seizure by the police and reply to each request for appraisal by each list of seizure;

1. Voluntary report, internal investigation report, and investigation report (the victim's counter investigation, CCTV image analysis, suspect A's counter investigation, victim's appraisal result, suspect A's response to the results of appraisal, and suspect A's response to the results of appraisal);

1. The application of the text message sent to the victim by the suspect, the 112 reported case handling table, and the respective Acts and subordinate statutes for request for appraisal;

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the Defendant has no record of being punished for a sexual crime in the past; it is difficult to readily conclude that the Defendant has a risk of recidivism of a sexual crime against the Defendant in light of the circumstances of the instant crime; and the same is also limited to imprisonment with labor, registration of personal information, completion of sexual assault treatment programs, employment restriction