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

At around 10:00 on September 2, 2019, the Defendant, at the Eunpyeong-gu Seoul Metropolitan City Bel, 4 persons, including the victim C (n and 22 years of age), drinking alcohol together, she was under the influence of alcohol, and thereafter, she moved to another room for her diving, she was discharged from the victim's pantyty in his/her own clothes, she her finger by inserting his/her hand into his/her own clothes, and she was off, but she was attempted to stop by her being aware of the fact that she was under the birth of the victim.

Accordingly, the defendant tried to rape the victim by using the victim's state of impossibility to resist, but was attempted to do so.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C Complaints;

1. Application of Acts and subordinate statutes to a criminal investigation report (to make conversations and hearing of statements), criminal investigation report (to make telephone conversations and hearing of statements with persons for reference), criminal investigation report (to submit a record of the files recorded and recorded by the victim in conversations with the suspect);

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against community service order

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommending sentencing criteria: The fact that the sentencing criteria do not apply to an attempted crime;

3. Determination of sentence: Imprisonment with prison labor for two years, and suspended execution for three years, the crime of this case is committed by the defendant under the influence of alcohol in order to have sexual intercourse with the victim by taking advantage of the victim's state of failing to resist, and thus, the criminal liability of the defendant is not minor.

The victim seems to have suffered a significant sense of sexual humiliation, and is trying to punish the defendant.

On the other hand, the defendant continued in the drinking place.