A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 10, 2019, at around 00:00, the Defendant discovered that the victim D (one person, other person, and 40 years old) who drunkd from the “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, was running in the name-free water, etc., and the victim accessed the victim, thereby moving the victim to the Yeongdeungpo-gu Seoul Metropolitan Government EelF.

On July 10, 2019, between 00:45 and 09:00 on the same day, the Defendant had attempted to engage in sexual intercourse with the victim’s sexual organ inserted into the victim’s sexual organ, but did not result in such intent. In short, the Defendant did not intend to engage in sexual intercourse with the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. Sales slips and photographs;

1. Reference table for appraisal, and reference table for appraisal;

1. Application of Acts and subordinate statutes to the internal investigation report (CCTV verification), investigation report (verification of CCTV installed at the Moel and C clubs), investigation report (SCCTV’s video CD and suspect taxi card settlement report) and accompanying materials, and the investigation report (Evis CCTV’s CCTV video at the entrance of the Moel);

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order 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; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism due to the lack of criminal records; and the Defendant’s personal information registration against the Defendant and taking lectures in treatment of sexual assault can be expected to have an effect of preventing recidivism even to a certain extent.