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

The Defendant, around 07:00 on March 6, 2018, 2018, performed drinking together with the victim F (F) of the E Ga bar located in Seocho-gu Seoul Metropolitan Government E Ga, and the Defendant was out of the victim’s under the influence of alcohol and tried to have sexual intercourse with the victim’s sexual organ listed above the victim’s body while she was sexual intercourse with the victim’s sexual organ listed above the victim’s body, but did not occur without the victim’s occurrence. The Defendant was unable to bring the Defendant under the influence of the alcohol and the victim’s sleepd the Defendant, broken off the glass cup, and broken off the glass cup, and resisted against it.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of legal and chemical appraisal report;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant is the primary offender, and the instant crime is committed by itself against many unspecified victims);

It is difficult to conclude that it has the effect to prevent recidivism even by simply registering personal information on the accused, taking lectures to treat sexual assault, and restricting employment on juvenile-related institutions, etc.

In addition, in full view of the defendant's age, family relation, social relationship, the preventive effect expected by the disclosure or notification order, and the disadvantage and side effect resulting therefrom, as shown in the argument of this case.