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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

On February 11, 2017, the Defendant, at around 23:00 on the Defendant’s house or D’s house located in the apartment apartment of Samsung-si, had been aware of having sexual intercourse with the victim E (the son, 43 years old, 43 years old) who was under the influence of alcohol, and attempted to put the victim’s chest into the Defendant’s sexual organ as soon as possible and to put the Defendant’s sexual organ into the Defendant’s sexual organ. However, the Defendant failed to bring the Defendant’s sexual organ into the Defendant’s abundance with the wind.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E (tentative name) and F;

1. Application of Acts and subordinate statutes to investigation reports (related to telephone communications between children of a victim);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant reflects his own offense; the crime in this case is not a sexual crime against many unspecified persons; the Defendant has not been punished for a sex crime before the crime in this case; personal information is registered and sexual assault treatment programs are deemed to have been completed to reduce the Defendant’s risk of recidivism significantly. Other sexual crimes subject to registration that can be achieved due to the Defendant’s age, risk of recidivism, motive, process of crime, degree of consequence and crime, anticipated side effects and expected side effects of the Defendant’s entry due to the disclosure order, and other sexual crimes subject to registration.