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 three years from the date this judgment becomes final and conclusive.

Criminal facts

From February 25, 2016 to February 18:17, 2016, to 20:45, the Defendant, along with the victim G (the 23 years old and the 23 years old), who is a student of F, who is a student of F, who is the Defendant traveling at a restaurant of “E” located in Chungcheongnam-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, and two persons, who drink the Defendant and drink the victim who is unable to properly hold the Defendant’s body, and was inside the Defendant’s vehicle with the 107 Inman, located in H in Chungcheongnam-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun.

At around 21:30 on the same day, the Defendant, at around 21:30, 107, she laid off a victim who does not have the awareness of being drunk under the influence of alcohol at a bed, and, in order to have sexual intercourse with the victim, she was off the victim's fright and panty, off the victim's fright and panty, kid up the body, and kid up the chest and fright by her hand, and inserted the finger into the drinking part of the victim's fright, but the Defendant did not have sexual intercourse with the victim on the wind controlled by the police officer dispatched to the scene upon receiving a report that the victim does not have returned home without being taken place.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance, but did not bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. Each police statement made against G, K, L, or M;

1. Application of seizure records and statutes concerning the list of seizure;

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

2. Mitigation of attempted punishment: Article 25 (2) and Article 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

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

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification 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 (this system has no record of being punished for sexual assault crimes by the Defendant).