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

At around 08:20 on November 17, 2019, the Defendant: (a) inducedd the victim D (or 24 years of age) who was first on the same day to the above hotel in order to drink together with the victim; (b) had sexual intercourse with the victim; (c) had the victim, who was in the toilet, sealed the victim's shoulder with his/her arms and pans by pushing the victim with his/her shoulder so as to be pushed off; and (d) had the victim's pans with his/her pans, and tried to rape the victim by putting the part of the victim's shoulder and pans in his/her hands with his/her hands, while putting the spans of the spans, the Defendant tried to commit rape. However, the Defendant continued to resist the victim, without doing so with the wind of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of D and E (including two times each);

1. Each written statement prepared D, E, and F;

1. Application of the Acts and subordinate statutes to photographs suffered by the victim, such as green picture, CCTV-cape photograph, Kakakao kao Stockholm photographs, and the victim's photograph;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. Articles 47(1) and 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 the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities (Amended by Act No. 16622, Nov. 26, 2019).