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.

Punishment of the crime

1. The Defendant, at around 01:00 on June 22, 2018, committed an indecent act by compulsion by force against the victim D (the victim 20 years old, 20 years old, 20 years old) and drinking at “C” clubs located in Mapo-gu Seoul, Mapo-gu, Seoul.

2. A quasi-indecent act by compulsion: (a) the Defendant, alone at the above time and at the above place, sent the victim his her her mare, so long as her mare unable to properly see, and (b) took the victim into the stairs outside the club parking lot.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

3. The Defendant, at around 04:00 on June 22, 2018, attempted to engage in sexual intercourse by putting his/her hand into the clothes of the victim under the influence of alcohol, putting him/her in the clothes of the victim under the influence of alcohol, putting him/her into the body of the victim, putting him/her out of the victim’s body, and inserting the victim’s body, and inserting his/her sexual organ into the victim’s body, but did not proceed to sexual intercourse.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. Investigation report (to hear the F phone statement of a witness), investigation report (to hear the statements from a witness G phone);

1. Application of medical certificates and Acts and subordinate statutes for medical treatment;

1. Relevant legal provisions concerning the facts constituting an offense, and the choice of punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Articles 300, 299, and 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated penalty determined for the crime of attempted quasi-rape with the largest penalty)

1. Article 62 (1) of the Criminal Act;

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

1. An order of disclosure; and