Of the facts charged in the instant case, the charge of attempted rape shall be acquitted.

【Criminal Records of Crimes】 On March 28, 2012, the Defendant was sentenced to a suspended sentence of two years for a year of criminal fraud at the Seoul Central District Court, and the said judgment became final and conclusive on April 5, 2015.

【Criminal facts】 On March 19, 2006, the Defendant: F 305, located in Seo-gu Daejeon, Daejeon, Daejeon, under the influence of alcohol, led the victim G (the age of 22 at that time) in a state of resistance which was unable to resist, taken off from the bend, exceeded clothes on the bend, and sexual intercourse by inserting his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement of the defendant in the protocol of the first preparatory hearing date;

1. Statement made by the police in relation to G;

1. An appraisal report or a gene appraisal report;

1. Egrhion photographs of a hallway CCTV;

1. Reporting on the occurrence of a suspected crime, such as theft, and reporting on each investigation;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and text of judgment (Seoul Central District Court Decision 2012No 359, 201 order 602);

1. Article 299 and Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010) concerning criminal facts

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the reasons for sentencing in the judgment);

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), Article 37(1) proviso of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); the proviso to Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012) (amended by Act No. 11162, Jan. 17, 2012) (the Defendant’s age, occupation, family environment, social relationship, and criminal record recognized as recorded in the record, the degree of risk of recidivism and other disclosure orders.