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 July 25, 2020, the Defendant: (a) around 03:30 on July 25, 2020, at the Defendant’s residence located in Seongdong-gu Seoul, Seongdong-gu, Seoul with the victim C (the name, the 41-year age), and (b) took the victim’s own from behind the victim who was sexually in a toilet with the intent to engage in sexual intercourse; (c) took the victim’s own side on the part of the victim’s body; (d) took the victim’s resistance on the part of the victim’s body; and (e) took the victim’s body, she tried to have sexual intercourse with the victim; and (e) took the victim’s hand against the victim’s hand, she did not realize that intent; and (e) took the victim’s hand, she did not commit any attempted crime.

Accordingly, the defendant tried to have sexual intercourse with the victim by assault, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to his photographing on the suspect's left hand, etc., his photographing on the suspect's left chest; and

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) 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;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information, and an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities do not have any history of being punished or investigated as a sexual crime. Therefore, it is difficult to readily conclude that the instant crime alone constitutes a

In light of the details and methods of the instant crime, there is a possibility that the Defendant may access the victim by taking advantage of his occupation or status or readily block sexual crimes.