A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is a space between the company and other departments such as the victim C (n, 29 years of age).

On May 24, 2017, at around 04:00, the Defendant attended the revolving 205 of the Seoul Songpa-gu Seoul Metropolitan Government “Eel” and the victim’s working division at the victim’s working division to drink alcohol, and provided it to the victim’s house after drinking. The Defendant intending to have sexual intercourse with the victim after drinking the victim’s chest and neck, which is in a non-fright state of resistance due to sleep and under the influence of alcohol. However, the Defendant attempted to have sexual intercourse with the victim after getting off the victim’s load, but the Defendant did not go against the wind of the victim’s sleep or resisting.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (No. 5, 6, 11 No. 5 of evidence records);

1. Application of Acts and subordinate statutes to the written request for appraisal;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso to 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant has no record of being punished for a sexual crime, the defendant's age, social relationship, characteristics of the offender, such as the defendant's age, social relationship, risk of recidivism, etc. recognized on the record, type, motive, process of the crime, result, seriousness of the crime, characteristics of the crime, such as the crime, degree of disadvantage and anticipated side effects of the defendant's injury due to the order to disclose or notify, and effects of the prevention of a sexual crime subject to registration, it is deemed that there are special circumstances that the defendant should not disclose or notify personal information to the public);

. personal information;