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.

Punishment of the crime

On June 28, 2019, at around 06:00, the Defendant went to the Defendant’s residence after drinking alcohol at the victim D (one’s name, two years of age) and the first drinking house in the vicinity of the Gangnam-gu Seoul Metropolitan Government, and the victim who was deprived of consciousness by drinking alcohol.

On June 28, 2019, at around 10:20 on June 28, 2019, the Defendant, in the Defendant’s dwelling place of the Gangnam-gu Seoul building E-gu Seoul building F, exceeded the brode of the victim who has lost his mind as seen above, putting the brush of both the victim, write and rout his panty, and rout his panty with the victim’s will and panty, and inserted the Defendant’s sexual flag into the Defendant’s sexual flag. However, the Defendant tried to put the brus of the victim with his mind into the brus of the victim’s brut, hinging the brus, hing the brus, and hing the kitchen, and did not go out of his dwelling and requested assistance.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-fluence condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Legal written appraisal and response to requests for appraisal;

1. Investigation report (Analysis of CCTV images of a building in which such report has occurred);

1. Application of each Act and subordinate statute to field photographs, CCTV screen images, and sound recording files;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and 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 have no criminal history, and the circumstances leading to the instant crime.