Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

On March 6, 2019, between 04:30 and 05:00, the Defendant was working as an employee of the Sungnam-si Section B building in Sungnam-si, and the Da Tae Korean Traditional Mar. 1, 2014, and was divingd by having panty of the victim D (the name, the name, the age 28) who was working for the fourth floor, and the victim was spanty of the victim, and the victim was spanched by inserting the sexual flag into the part of the victim, and the victim was spanched, and the purport was not achieved, and the victim was spanched by inserting the sexual organ into the part of the victim.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (CCTV verification, etc.);

1. Medical records for victims of sexual assault and reports on requests for appraisal;

1. Application of the Acts and subordinate statutes to photographs (the form of a suspect taken by a victim);

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. There is no record of sexual assault against the accused in regard to the punishment, etc. of sexual assault crimes exempted from disclosure orders or notification orders, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse;

The instant crime was committed in the course of attempted crimes.

It seems that the execution of the sentence against the accused, registration of personal information, order to complete a program, and employment restriction order can produce the effect of preventing recidivism to some extent.

In addition, the defendant's age, family environment, social relationship, disclosure order, and notification order are comprehensively taken into account the disadvantage of the defendant, expected side effects of the defendant's suffering, and effects of the prevention of sex crimes that can be achieved thereby, protection of the victim, etc.