A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On December 6, 2016, at around 15:00, the Defendant: (a) had been sexual intercourse with the victim by marriage in the third degree at the house of the victim D (the age of 58) located in the Defendant’s outer mother of the Defendant in Busan Young-do; (b) had the victim, who was in the influence of alcohol, placed the victim on the floor of the room, placed the victim on his body, was able to resist with the victim’s shoulder; (c) attempted to rape by inserting the victim’s face into the victim’s face, putting the victim’s hand into the panty, putting the victim’s hand into the victim’s drafting; (d) however, the Defendant failed to commit such rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes to the records of telephone conversations and the contents of letters received by the victim;

1. Articles 15 and 5 (1) of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on the crime;

1. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

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. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 14412, Dec. 20, 2016)

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 and a notification order, 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 has no record of being subject to criminal punishment for a crime of sexual assault before committing the instant crime, and the defendant has no record of being subject to criminal punishment for a crime of sexual assault

The effect of preventing recidivism can be expected even if there is no evidence to determine that there is no evidence to determine, the registration of personal information of the defendant, and the completion of sexual assault treatment programs.

The defendant's age, occupation, family environment, social relationship, circumstances leading to the crime of this case, and the instant case.