A defendant shall be punished by imprisonment for one year.

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

Criminal facts

At around 00:53 on October 6, 2013, the Defendant discovered the victim E (here, 28 years of age) who was locked at a place, and had sexual intercourse with the victim, at the 705 Domoel room located in Seojin-gu, Seojin-gu, Seoul.

The Defendant: (a) was her body of the victim who was in a state of being unable to locked with depth; (b) went off his panty will and panty tyty simultaneously; and (c) tried to have sexual intercourse by inserting her panty and panty spanty into the victim’s sound part; (d) however, the Defendant did not have attempted to have his her body frighten and resist by inserting her sexual organ into the victim’s sound part.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-performance state.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. 각 수사보고(D모텔 내 CCTV에 촬영된 피의자 사진 켑처 첨부관련, 피의자 체포 경위, 피의자 D모텔 CCTV 판독 관련, 피의자의 부 전화통화 관련, 참고인 G, H 진술관련) 법령의 적용

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. The main sentence of Article 16 (2) and Article 16 (4) 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 Exempted from the disclosure order and notification order, 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 age, occupation, family environment, social ties, criminal records, and the risk of recommitting a crime recognized as recorded (no criminal record exists, and other profits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom.