A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On November 5, 2013, at around 09:00, the Defendant was able to rape the victim while drinking alcohol together with the victim in the E cafeteria operated by the victim D (Inn, 53 years of age) in Seogugu, Daegu.

Since then, the Defendant tried to have sexual intercourse with the victim by putting the victim out of the floor of the room and suppressing the victim's grandchildren, leaving the victim's knife, and committing one hand, but the victim did not intend to have the victim out of the victim's knife with the victim's knife, "any other knife and any other knife the victim's knife," and the victim did not go out of the above E-cafeteria and reported the damage to the police.

Summary of Evidence

1. Statements made by the criminal defendant in the first protocol of the trial, which fit for such statement;

1. Statements made by witnesses D in the third protocol of the trial, which fit for them;

1. Application of each film-related statute to four copies of on-site photographs and damaged parts' photographs, which are fit therefor;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Imprisonment with prison labor for not less than nine months but not more than seven years and not more than six months;

2. The sentencing guidelines of the Sentencing Committee shall not apply, since the scope of the recommended punishment according to the sentencing guidelines exceeded the attempted crimes of this case.

3. The crime of this case, which was determined to be sentenced, is a case in which the defendant tried to engage in sexual intercourse after suppressing the victim's grandchildren who had been drinking together, and attempted to engage in sexual intercourse. Considering the motive, circumstance, and content of the crime in this case, the crime in this case seems to have been subject to considerable shock of the victim, and the fact that the victim was unable to receive a letter from the victim, a strict punishment against the defendant is imposed.