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

The Defendant was a worker who works in the same company as the victim C (the family name, the female, the age of 29).

From October 18:00 on October 7, 2016, the Defendant: (a) around Ulsan-si, Ulsan-gun D, with the victim, etc., sent workplace meals from “G” located in “E” house and Yangsan-si F; (b) the victim, etc. was under the influence of drinking and drinking in the instant singing room, and (c) the victim was in the influence of drinking and drinking.

On October 8, 2016, the Defendant reported a victim who is unable to gather his body, used it to have a sexual intercourse with the female, and entered the victim's workplace in Yangsan-si H in Yangsan-si 205.

At around 01:00 on the same day, the Defendant: (a) placed a victim who has lost a mind of drinking in the above guest room on the bed, and tried to have a female off his panty and panty, but did not come to the wind that the victim with a mind gets strong resistance.

Accordingly, the defendant tried to have sexual intercourse with a female by taking advantage of the victim's non-refluence status, but was attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes of the response request for appraisal;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., the Defendant’s personal information shall be subject to an order of disclosure, taking account of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, 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.