A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The Defendant, with the knowledge of the victim B (n, 19 years of age) and that he was living together with the victim, was willing to have sexual intercourse with the victim with the victim.

On March 10, 2019, at around 15:30, the Defendant opened a gate that was not corrected at the victim’s house in the regular Eup/Myeon in which the victim is residing, and entered the victim’s house, and discovered the victim who was at a lower level than the victim’s house, and tried to have sexual intercourse with the victim by putting the chest into the defendant’s neck and panty, and continuously cutting off the victim’s shoulder, 2 times the chest, and continuously cutting off the victim’s shoulder. However, the Defendant attempted to have sexual intercourse with the victim, even though the victim refused to move back from the lock, and the escape from the toilet did not bring about the wind.

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 police statement concerning B;

1. Investigation report (on-site photographs and investigation of victims);

1. Application of statutes on field photographs;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Articles 25 (2) 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. Article 62-2 (1) of the Criminal Act on Probation;

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. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 of the Welfare of Disabled Persons Act;