A defendant shall be punished by imprisonment for two years.

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

At around 23:00 on January 3, 2019, the Defendant, along with the victim B (n, 24 years of age) and the victim's sponsors, etc., who came to know about about the drinking, performed drinking, around 04:0 on January 4, 2019, at the victim's friendly room located in Gangnam-gu Seoul; the victim's her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst her part; and the victim's her her herst herst herst herst herst herst herst herst herst herst herst herst her part; and the Defendant's her her her herst herst herst her part was put into

Accordingly, the defendant tried to commit similar rape by taking advantage of the victim's state of impossibility to resist, but the victim was broken out in diving, so he was attempted.

Summary of Evidence

Defendant’s legal statement

Article 30, 299, or 297-2 of the Criminal Act (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the main text of Article 16(2), Article 47(1), and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases Concerning the Disclosure Order, Notification Order, and Employment Restrictions Order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and Article 2 of the Addenda (Act No. 15904, Dec. 11, 2018) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.