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

2.Provided, That the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 19, 2014, at around 05:00, the Defendant d'(n, 27 years of age) and E(n, 27 years of age) with the victim d'(n, b7 years of age) and d'(n, 27 years of age) after the Lee Jong-won Police Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul, said that the Defendant d's drinking alcohol together with the main points of his wife.

After that, at around 06:45 on the same day, the Defendant moved to the house of the victim located in Yongsan-gu Seoul Metropolitan Government F by the victim and E, and went to the house of the defendant located in Seongdong-gu Seoul Metropolitan Government while leaving the house at around 06:47 on the same day.

Although the Defendant demanded the victim to have defect in sexual relations at the above location E, the Defendant sought to have sexual intercourse with the victim who was unable to resist under the influence of alcohol, such as: (a) he refused it; (b) sought the victim’s house that he had become aware of the above circumstances on the same day; (c) opened the entrance by removing the space of the victim at around 08:15; and (d) found the victim who was under the influence of alcohol by opening the door and opening it inside the entrance; and (d) found the victim who was under the influence of alcohol; (c) exempted the Defendant’s clothes; (d) exempted the Defendant’s finger from the victim’s clothes; and (e) put the Defendant’s finger in the part of the victim; (d) however, the Defendant attempted to have sexual intercourse with the victim at around 08:38 on the same day, a male-child district of the victim, who promised in advance to find the victim and attempted to discover and stop the Defendant.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the respective Acts and subordinate statutes to the statement prepared by a judicial police officer against D, H and E;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, and the choice of punishment against the crime;

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

3. The sentencing under Article 62(1) of the Criminal Act is as follows.