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

Around July 2018, the defendant's introduction of the defendant's wife B led to the victim C (V, 14 years old) and D, a runaway juvenile, to live together with D.

At around 05:00 to 06:00 on November 1, 2018, the Defendant was out of the building in Gwanak-gu in Seoul Special Metropolitan City, and the Defendant’s house located adjacent to the Defendant’s house, and tried to engage in sexual intercourse with the victim listed above the victim, but the Defendant was not able to have the victim’s body behind the victim’s body, shouldered, unlocked, and rejected the Defendant.

Accordingly, the Defendant attempted to engage in sexual intercourse by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes concerning photographs, CDs, and G dialogues by cutting off CCTVs;

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts and the selected punishment;

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

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The Defendant, who was exempted from the disclosure order and notification order, did not have any history of criminal punishment for sexual crimes prior to the instant case, and appears to have the effect of preventing recidivism even with the sentence of imprisonment with labor, registration of personal information, orders to complete sexual assault treatment programs, and employment restriction orders.

In addition, the defendant's age, environment, family relationship, social relationship, and crime.