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

On December 31, 2015, at around 01:30, the Defendant, while drunk in the Seo-gu Seo-gu Gwangju Youth, was off from the body of the victim C (a person under the age of 24) and her clothes, and tried to put the stroke on the body of the victim into the negative part of the victim. However, the Defendant was not able to bring the victim into the negative part of the victim’s body.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-performance.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes governing recording records;

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 or notify information, 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused was placed due to the accused’s order to disclose or notify information, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, etc., if the accused

1. Determination on the assertion of the Defendant and the defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018)

1. The injured party of the assertion is the victim of the instant case.