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

At around 20:00 on January 6, 2018, the Defendant, together with the Defendant’s house No. 2, was a child or juvenile victim D (the victim’s age 15), who became aware of the Defendant’s house No. 20, and the victim’s friendship and E with the victim’s friendship.

피고인은 다음날인 05:00경 잠에서 깼고, 옆에서 잠을 자고 있던 피해자를 보고 간음할 생각으로 피해자의 바지와 팬티를 벗기고, 자신의 바지와 팬티를 벗은 후, 피해자의 상의를 올려 피해자의 가슴을 만지고, 입으로 피해자의 가슴을 빨았으며, 피해자의 다리를 벌려 피해자를 간음하려고 하였으나 그때 피해자가 몸을 뒤척이며 정신을 차리는 바람에 그 뜻을 이루지 못하였다.

Accordingly, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. Application of Acts and subordinate statutes to police statements made to F and E;

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 criminal facts;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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. An order of disclosure and notification of registered information under 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, which is exempted from an order of disclosure and notification, needs to be careful and prudent since it could have a significant impact on the defendant. The defendant has no record of criminal punishment. The crime of this case is not for an unspecified victim, but for an unspecified victim, the defendant's age