A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

1. Around 03:00 on October 5, 2014, the Defendant: (a) committed sexual intercourse with the victim E (the victim, 23 years old); (b) the victim’s friendship F; and (c) the Defendant’s friendship while drinking alcohol together with the Defendant’s friendship G at the D main points located in Jinju-si, Jinju-si; and (d) the Defendant had sexual intercourse with the victim who was her mind by drinking together.

The Defendant, at around 06:50 on the same day, was aboard the victim’s vehicle and was found to be the IMoel located in J at J on the same day, and entered into the victim’s business with no consciousness, and entered into the victim’s clothes 103.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the state of mental disorder of the victim.

2. On October 5, 2014, the Defendant stolen 40,000 won in cash from the wallets of the victim by taking advantage of the gaps that the said victim scam and neglected the management of personal belongings, as described in paragraph (1).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Part of the prosecutor's statement concerning E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal investigation report (to telephone conversations for the owner of an international telecom), a criminal investigation report (to attach CCTV image data to such data), and a criminal investigation report;

1. Relevant Articles 300, 299, 297, and 329 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment prescribed for the crime of attempted quasi-rape with heavier penalty];

1. Mitigation of discretionary mitigations 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 extenuating circumstances among the reasons for sentencing)

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