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

Criminal facts

On June 6, 2013, around 02:35, the Defendant was able to engage in sexual intercourse with the victim E (the 19-year old-old) who was a victim E (the Dododododododododododododododododododododododododododododododododododododododododododododododododododododododododododododododododododo), and the Defendant was under the influence of alcohol and attempted to commit sexual intercourse with the victim by reporting the above to the victim, by taking advantage of the victim's mental disorder or the state of failing to resist, and inserting the victim's hearing and panty. However, the Defendant attempted to have sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of the Acts and subordinate statutes governing field photographs and CCTV images;

1. Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. In full view of the following: (a) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure and notification orders; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (d) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant committed the instant crime as a primary offender; and (e) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the motive and method of the instant crime; and (e) the character and conduct environment of the defendant, etc.,