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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On October 21, 2015, at around 19:30 on October 21, 2015, the Defendant intending to quasi-rape: (a) drink with Defendant 2, such as the victim D (inn, 41 years of age) in a subway 2 line C near the subway line located in Yangcheon-gu Seoul Metropolitan Government; (b) drinked with the victim under the influence of alcohol along with the victim; (c) opened the said restaurant on October 23:15, 2015; and (d) opened the guest room in Guro-gu Seoul Metropolitan Government E into the guest room No. 206 of the Furel; (c) was drunk so as to cause the victim to have sexual intercourse by taking advantage of the victim’s non-fluent state of resistance; (d) the victim’s body was off from the body of the victim; and (d) the victim did not have sexual intercourse with the victim; and (d) the victim did not have the right to resist the victim; and (d) the victim did not resist the victim.

Accordingly, the defendant attempted to engage in sexual intercourse by using the victim's non-opportunable condition.

2. From October 22, 2015 to October 22, 2015, from around 01:00 to October 22, 2015, the Defendant detained the victim by preventing the victim from getting out of the guest room No. 206 of the Maurel No. 206 described in the above paragraph (1) on the part of the victim, by blocking the victim from getting out of the room. The Defendant detained the victim by preventing the victim from getting out of the room for about 1 hour and 15 minutes by getting out of the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims D;

1. A investigation report (CCTV analysis) and accompanying CCTV storage CDs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act and Articles 300, 299, 297, and 276 (1) of the Criminal Act (the point of attempted quasi-rape) concerning the facts constituting an offense; and Articles 276 (1) (the point of confinement and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for the attempted quasi-rape (to the extent that it is aggregated with the long-term punishment of the above two crimes)];

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;