A defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

On July 11, 2013, at around 03:55, the Defendant tried to hold the entrance referred to in 312 “Eel” in the Gyeonggi-do Group D, Gyeonggi-do, 2013, without the consent of the victim F (or 19 years of age), and to enter into a plan to hold the entrance of “Eel” in 19 years of age, and, at the same time, tried to have sexual intercourse with the victim off the victim’s kne, using the victim’s state of resisting the victim who was under the influence of alcohol, by taking advantage of the victim’s failure to resist. However, the Defendant did not have a kned the victim’s kne and did

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to report internal investigation (on-site entry and exit, on-site situation), investigation reports (report on the currency of a police officer in charge);

1. Article 15 of the relevant Act on Criminal Crimes and Articles 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes;

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Determination as to the defendant and his/her defense counsel's assertion in light of various circumstances, such as disclosure order and disclosure order, and exemption from disclosure order and notification order, Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for a sexual crime, the defendant is 66 years old, benefits and preventive effects expected by the disclosure order and notification order of this case, and disadvantages and side effects arising therefrom)

1. The summary of the assertion is that the defendant has a view to the door of the guest room in which the victim is able to take the care of the victim without the victim's permission, but it is intended to prevent the victim from taking the guest room.