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

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

Punishment of the crime

On June 26, 2019, at around 01:30, the Defendant: (a) was under the influence of alcohol on the part of the victim C (here, 33 years of age) who was under the influence of alcohol in a burine in Gangdong-gu Seoul Metropolitan Government Bab, and was trying to cut off the sea burine into the victim’s panty in his sexual flag with the victim’s intent to engage in sexual intercourse with the victim; and (b) was trying to put the victim’s sexual organ into the part of the victim’s sexual organ, but the victim was unable to refuse it with the victim’s “D (the victim’s male-child burine), with the victim’s awareness that she is prone to her arms.”

In this regard, the defendant tried to engage in sexual intercourse by taking advantage of the victim's mental or physical condition of mental or physical failure to resist, but did not have such intent.

Summary of Evidence

Witness

C, Each legal statement of E

1. The defendant's written statement of each police officer against the suspect interrogation protocol C by the prosecutor's office, settlement details, Kakao message (Evidence No. 5)

1. The application of Acts and subordinate statutes to a report on the investigation of stenographic records of USB contents (Submission of evidentiary data by the victim), a report on investigation (verification of CCTV at the scene of the telecom and CCTV), a report on investigation (Submission of data by the victim), a report on investigation (change of CCTV and CCTV storage medium), and a report on investigation (verification of

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure and notification order of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry; and prevention of sex crimes subject to registration that may be achieved therefrom.