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

A victim B (the family name, the age of 23) is a parent of a person who the defendant has become aware of in the club of the Republic of Korea.

At around 04:00 on September 30, 2018, the Defendant, at the home of the victim of Gyeonggi-gun C and D, performed alcohol with his family members and spons, and attempted to engage in sexual intercourse by putting the Defendant’s sexual organ out of the body of the victim, and inserting all the clothes of the victim, coming down in the room of the victim, and inserting the Defendant’s sexual organ into the body of the victim. However, the Defendant did not go against the wind that the victim moves out of the lock, and did not go through an attempted attempt.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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 (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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. 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 or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso appears to have no record of punishment for sexual assault crimes; the Defendant’s personal information registration against the Defendant; taking lectures in sexual assault treatment and employment restriction order alone appears to have the effect of preventing recidivism; the Defendant’s age, occupation, social relationship; the details and circumstances of the instant crime; and other profits and crimes expected from