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

At around 23:00 on February 14, 2015, the Defendant was trying to find out that the victim F (n, 26 years of age) who performed drinking together with E’s public toilets located in Seocho-gu Seoul Metropolitan Government, was under the influence of alcohol and come up several times, and attempted to cause the victim’s upper part of the chest was exposed to the victim’s upper part of the chest, the victim’s upper part was knife and knife, and the victim’s upper part was knife and knife, the victim’s upper part was knife and knife, the victim’s upper part was cut off, and the Defendant’s sexual part was added to the victim’s upper part, while the Defendant tried to put the Defendant’s sexual part into the part of the victim’s drinking part, and the Defendant’s knifeed the Defendant’s sexual part into the toilet.

In this regard, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each written appraisal;

1. Video CDs;

1. Application of the Acts and subordinate statutes to photograph the scene of the case, a photographic photo or screen image closure;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of re-offending (no criminal record has been punished; profits and effects expected by the Disclosure Order or Notification Order and disadvantages and side effects therefrom, etc. shall be comprehensively taken into account.