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

Around 01:00 on April 15, 2018, the Defendant first met the victim E (name, leisure, 37 years of age) at the DN club located in Incheon C, and around 09:51 on the same day, the Defendant moved the victim to a “G” hotel located in the Yeonsu-gu Incheon, along with the victim, to a “G” hotel located in the Yeonsu-gu, Incheon. After drinking alcohol in the above hotel, the Defendant would continue to sleep, and the victim was able to take a drinking water, and then the Defendant moved to the above hotel to 509, along with the victim around 11:52 on the same day.

At around 13:30 on April 15, 2018, the Defendant was unable to engage in sexual intercourse with the victim’s sexual organ in a manner that, under the influence of alcohol, the Defendant was able to report the victim’s sexual intercourse under the influence of alcohol, and was in the victim’s sexual organ off with pande and panty, and then was inserted into the victim’s sexual organ into the sound book.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Recording notes;

1. A photograph of the closure of the H message submitted by the victim;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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 exempt from disclosure notification orders and employment restriction orders, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) [the Defendant’s age, environment, social relationship, criminal records, and risk of recidivism (no record of the same type of crime)], and the background and details of the instant crime, and the order to disclose the same.