A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

At around 15:00 on July 6, 2019, the Defendant drinked alcoholic beverages with C and the victim D (at 53 years of age) at the residence of C, which is located in B at the same time on July 6, 2019. The Defendant, who was under the influence of alcohol, had the victim expressed his mind to have sexual intercourse with the victim by using the locker, who was under the influence of alcohol, and had the victim talked with the victim, kis, kis the victim, and kis, kis the kis, and put the sexual organ into the part of the victim, but did not go through the wind that does not occur.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the condition of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on investigation (in the event of an emergency set of a victim/location) and a report on investigation (on-site investigation);

1. Application of the Acts and subordinate statutes governing victim photographs and field photographs;

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. Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Probation and Special Matters to be Observed; Article 32 (3) 7 and 10 of the Act on Probation, etc.;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction is finalized on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused is subject to registration of personal information pursuant to Article 42(1) of the Act on