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

around 02:00 on January 28, 2016, the Defendant drinks alcohol together with the Victim F (M, 45 years of age) first met through a cell phone use meeting called “E” in the vicinity of Jongno-gu Seoul Metropolitan Government D.

While the Defendant took the victim's house and was on board a vehicle with the victim through an acting driver, the victim was unable to look at the spirit of alcohol, and the victim was willing to have sexual intercourse with the victim to have the victim gather.

On January 28, 2016, the Defendant: (a) 03:20 on January 28, 2016, the Defendant laid the victim into the Helel G with a 509 head room located in Ansan-si, Ansan-si.

A person who wants to be a shot of the victim is, during the period of his shower, the defendant exceeded his clothes and was able to engage in sexual intercourse with the victim's clothes. However, the victim was unsatisfyed with the victim's shot, but the victim was unsatisfyed at now.

"I am out of the Republic of Korea".

Accordingly, 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. A protocol concerning the examination of the police officers of the accused;

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

1. Data on closures;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations as an agent), internal investigation reports (to peruse the specific place of occurrence and situation observation devices (CCTV);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Determination as to the assertion between the Defendant and his/her defense counsel under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main sentence of Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is the victim who is in an impossible condition to resist.