A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On May 24, 2020, the indictment was written by the defendant on May 24, 2020, but it appears to be a clerical error and was corrected ex officio because it did not affect the defendant's exercise of his right to defense.

From 04:25 to 07:43, the victim was deprived of the clothes of the victim D (a person under the influence of alcohol, breath, 28 years old) who had no mind due to drinking drinking, was placed on the body of the victim, and tried to have sexual intercourse with the victim after putting the victim's finger on the part of the victim, and putting the victim's finger on the part of the victim's finger, but the victim did not have sexual intercourse with the wind.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (Attachment of a receipt for approval), and a report on internal investigation (a CCTV verification);

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes on photographic data;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) are likely to have the effect of preventing re-offending by an order to register personal information of the defendant against the defendant and undergo education for treatment of sexual assault since the defendant had no record of criminal punishment.