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

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

Punishment of the crime

The Defendant came to know of the victim through “G” while dialogueing with the victim H (n, 16 years of age).

On September 23, 2017, the Defendant, at the Defendant’s house located in Seo-gu, Daejeon, Daejeon, 09:30 on September 23, 2017, had attempted to have sexual intercourse by inserting the fingers of the victim who was under mental or physical loss due to drinking, and inserting the fingers into the victim’s negative part and inserting the sexual flag into the victim’s negative part. However, the Defendant did not have attempted to have sexual intercourse with the victim’s wind referred to as “Imra.”

Summary of Evidence

1. Partial statement of the defendant;

1. The recorded CD in which H’s statement is recorded and stenographic records thereof;

1. Police seizure records;

1. Application of genetic appraisal documents and response statutes requested for appraisal;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 Committed to Order;

1. Where a judgment of conviction has become final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Judgment on the Defendant and defense counsel's argument

1. The gist of the assertion is that the victim also tried to have sexual intercourse with the victim knowing that he/she had a view to defending him/her, and that the victim refuses to commit the crime and immediately suspended his/her crime, thereby constituting an attempted crime

2. According to the evidence duly adopted and examined by this court, the Defendant’s discontinuance of crime can be acknowledged as follows.