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

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

Punishment of the crime

From November 26, 2016 to around 02:00 to around 03:00, the Defendant: (a) moved the body of the victim D (e.g., age 23) in the Western War; (b) decided to engage in sexual intercourse with the victim under the influence of alcohol while drinking together with the victim; and (c) taken the victim into the office of the Defendant in Seo-gu, Daejeon; and (d) decided to engage in sexual intercourse with the victim under the influence of alcohol.

The Defendant, on his part, set up the victim’s boom and clothes, set off the victim’s brightness and clothes, putting the victim’s boomed “to live” and frighted the victim’s body, sited the Defendant on the part of the victim who was pushed down on his hand, knife the victim’s hand so as to prevent the victim from resisting against the victim by hand, and tried to engage in sexual intercourse with the victim, but the victim did not continue to resist against the intent of having the victim resisted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

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

1. Photographss, investigation reports (the suspect-victims prior to the occurrence of the CCTV screen contents, etc.), G dialogues, investigation reports, and communications confirmation reports after closure of the CCTV screen;

1. A criminal investigation report (in the event of an investigation into, a CD on, a recording file), a text message screen on which a person under his/her control sent a recording file to a police phone, and a criminal investigation report (in the event of confirmation ofCCTV images);

1. On-site CCTV images and audio-recording files submitted to suspects;

1. Application of statutes in response to requests for appraisal by the National Institute of Scientific Investigation;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.