A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 04:00 on May 19, 2019, the Defendant: (a) discovered the Defendant’s house located in Heungdong-gu B building C; (b) found the Defendant’s workplace D (n, 21 years of age) and drinking alcohol to the Defendant’s workplace; (c) laid the Defendant’s chest to the Defendant’s hand by raising the victim’s inside the her workplace to the degree that it is impossible for the victim to resist; and (d) found the victim to have sexual intercourse with the victim by inserting the Defendant’s sexual organ into the victim’s part; (b) provided that the victim was unable to resist due to being drunk or diving to the extent that it is practically impossible for the victim to resist; (c) provided that the victim was in the state of her ability to resist due to the lack of resistance, thereby misunderstanding the Defendant’s act as above; (d) however, the Defendant exceeded the victim’s part of the Defendant’s sexual organ that was fully accumulated by the Defendant; and (d) added the victim’s sexual organ into the victim’s part.

Accordingly, the Defendant attempted to rape the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Documents on investigation reports, emergency kics for victims;

1. Application of the Acts and subordinate statutes on Electromagnetic between the accused and the victim;

1. In light of the general public’s objective judgment in regard to the circumstances acknowledged at the time of the Defendant’s act under Articles 300, 299, 297, and the main text of Article 27 of the Criminal Act regarding criminal facts (such as the fact that the Defendant and the victim were drinking alcohol with the Defendant, and the victim was diving, etc.), there was a risk of causing quasi-rape.

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 extenuating circumstances among the reasons for sentencing);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;