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

The defendant and the victim B (the 20 years of age) are between the defendant and the victim through the "C", which was obtained on April 7, 2018 through an app for introduction-rating app around April 7, 2018.

On April 16, 2018, from around 00:00 to 03:00 on the same day, the Defendant: (a) at the “E hotel located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) the Defendant, under the influence of alcohol, she was drunk so that the victim would have sexual intercourse with the victim; (c) was deprived of all the clothes of the victim by her hand; and (d) carried the victim’s chest rapidly and promptly, she tried to put the Defendant into the negative part of the victim; (c) but (d) was not well known that the Defendant was the wind of the victim, but did not come into the wind of the victim.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the state of mental disorder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Colors of the message sent and received by the parties after the case was closed;

1. Application of Acts and subordinate statutes to a criminal investigation report (the result of a request for appraisal by the Seoul Scientific Investigation Institute and the result of request for appraisal by comparison);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing re-offending even by an order to register personal information of the accused and attend a lecture for sexual assault treatment; and it is