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

On October 7, 2017, the Defendant, along with the victim D (the family name, the 19-years age), who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

At around 01:00 on October 8, 2017, the Defendant, at the house of the above C around 01:0, came to the next side of the victim. The victim thought that the victim was self-employed, and the victim's chest was satisfed by hand, and the Defendant's sexual organ was inserted once in the victim's sexual organ.

As can be seen, the Defendant attempted to engage in sexual intercourse with the victim, taking advantage of the victim’s state of mental or physical disability or inability to resist. However, the Defendant did not have any potential for the victim to have been unable to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Each legal statement of witness C and B;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to certificates of medical records;

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

1. Attempted mitigation of crimes under the proviso to Articles 27 and 55 (1) 3 of the Criminal Act;

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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, 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, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities committed the instant crime as much as the Defendant had no previous criminal record.