However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

피고인은 2018. 4. 20. 01:04경 서울 송파구 B호텔 C호에서 피해자 D(여, 27세)와 술을 마신 후 만취한 피해자를 위 모텔 객실로 데리고 간 다음 술에 취해 잠이 든 피해자의 상의를 모두 벗기고 가슴을 수회 핥고 피해자를 간음하려 하였으나 잠에서 깬 피해자가 객실 밖으로 도망치는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the state of mental disorder of the victim.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

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

1. Statement made to D by the police;

1. Each written statement of D and E;

1. An investigation report (Submission of a suspect F course photograph), a criminal investigation report (Attachment to details of settlement of the check card), a criminal investigation report (a statement of report 112), and a criminal investigation report (Submission of a victim's evidence photograph);

1. The application of Acts and subordinate statutes concerning recording notes, recording notes, and sound recording CDs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: (a) there is no history of a sex offense against a criminal defendant under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information; (b) 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; and (c) the crime of this case is not committed against many unspecified persons; and (d) personal information registration and participation in sexual assault treatment can prevent the recidivism of the criminal defendant; and (d) the defendant’s age, social relationship, profits and preventive effects expected by an order to disclose or notify information; and (e) disadvantages and anticipated side effects.