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 May 17, 2013, at around 15:00, the Defendant drinking alcohol as members of the same team, such as D motherel 307 located in Yeongdeungpo-gu Seoul Metropolitan Government, and side staff E (the age of 37) who completed night duty. The Defendant attempted to rape the victim by: (a) other team members, who had been under the influence of alcohol, left the victim under the influence of alcohol on their own room; and (b) putting the victim on the floor; (c) cutting down the victim’s body on the upper part of the body; and (d) getting off the victim’s body with the buckbuck inside the victim’s left side; (b) the Defendant attempted to rape; (c) however, the victim was pushed the Defendant and attempted to escape out of the room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs, each investigation report (Evidence Nos. 5, 8) (Evidence List);

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The main sentence of 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)

4. In the proviso to Articles 37(1) and 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes exempted from disclosure and notification orders, the following shall be comprehensively taken into account: (a) the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the disclosure order and notification order; (b) the type, motive, process, consequence, seriousness of the crime; (c) the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure order or notification order; (d) the prevention effect of sexual crimes subject to registration; and (e) the protection effect of the victim of the sexual crimes subject to registration.