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

At around 01:30 on December 29, 2018, the Defendant entered the house of the victim D (tentative name, leisure, 30 years of age) located in Suwon-si B building B, Suwon-si, with the victim's family members, and entered the toilet for the purpose of drinking together with the victim's family members, as at the beginning of E, the victim's birth.

The Defendant reported the fact that the victim was under the influence of alcohol and, at the same time, tried to rape the victim, and got off the victim and had sexual intercourse once with the victim.

Accordingly, the defendant has 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. Statement made to D by the police;

1. A summary statement of a witness of the F;

1. Application of Acts and subordinate statutes to investigation reports (informrates and results of requests for appraisal);

1. Relevant Articles of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the 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 (The following consideration shall be made again for the reason of sentencing);

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 Exempted from an order to disclose, notify, or restrict employment; 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant committed the instant crime as long as the Defendant had no previous criminal record; the Defendant’s personal information against the Defendant and taking a course of sexual assault treatment can have an effect on the prevention of recidivism; the Defendant’s age, age, family environment; and