A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 7, 2017, the Defendant, around 03:00, performed drinking with D and D’s female-friendly job offers E (the 34 years of age) at the inside of the residence of the friendly job offering D(the 305 years of age) and tried to engage in sexual intercourse with the victim’s body, after drinking with the victim’s chest and panty. The Defendant, after drinking the victim’s chest, was off the victim’s will and panty, went off the victim’s chest, was off the victim’s panty, and added his finger to the part of the victim’s body.

However, the victim was "Is, Is, Is, Is, Is, Is, Is," and the shoulder was attempted at the wind.

Accordingly, the defendant tried to have sexual intercourse with a victim who is in an impossible state of resistance, but he attempted to have such sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (applicable to the defendant who had been punished for a sexual crime before the crime of this case)

It is difficult to conclude that the registration of personal information ordered by this Court and the lecture for sexual assault treatment can have the effect of preventing recidivism by the defendant.

In light of various circumstances, such as the defendant's age, family environment, social relationship, etc., the effects of sexual crime prevention, etc. which can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may sustain, can be relatively less.