1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

피고인(피부착명령청구자 겸 피보호관찰명령청구자, 이하 ‘피고인’이라고만 한다)은 피해자 C(여, 24세)과 같은 칵테일바에서 일하면서 알게 된 사이이다.

피고인은 2015. 5. 31. 14:00경까지 서울 용산구 이태원동에 있는 술집에서 피해자 C(여, 24세)를 포함한 칵테일바 동료들과 함께 술을 마신 후, 피해자가 집에 갔다가 오후 6시까지 칵테일바에 출근해야 하는데 집이 멀다며 걱정하자, 피해자에게 가까운 피고인의 집에서 잠을 자다가 곧바로 출근하라고 권유하여, 피해자로 하여금 서울 용산구 D에 있는 피고인의 집으로 오게 하였다.

At around 16:00 on the same day, the Defendant confirmed that the Defendant was divingd by the victim, and tried to get off the victim’s panty and panty, and inserting his her panty into the sound part of the victim, and the victim was not able to get out of the wind.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police protocol protocol law to C

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

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

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

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, 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 appears to have committed the instant crime with impulsely under the influence of drinking, the fact that the Defendant appears to have committed the instant crime, the fact that there was no record of criminal punishment for sexual crimes, and the relationship between the Defendant and the victim.