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

Punishment of the crime

The defendant and the victim C(V, 55 years old) were known to the same Dong and they were living in the same Dong.

The Defendant, at around 02:30 on July 21, 2018, performed drinking with the victim in E Park in Bupyeong-si, Seocheon-si, D, the Defendant was unable to engage in sexual intercourse with the victim’s mind that the victim would have sexual intercourse with the victim under the influence of alcohol, knee, and knee, knee, knee, and put his sexual organ into the victim’s negative organ, but did not have sexual intercourse with the police officer dispatched upon receipt of the report to arrest him as the current criminal.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and statements made by the police with regard to C (second time);

1. Investigation reports and investigation reports (to hear statements from the victim telephone);

1. Application of field photographs, investigation reports (the confirmation of CCTV for the purpose of crime prevention and attachment of caps photographs), CCTV for the purpose of crime prevention to the Acts and subordinate statutes on the closure of CCTVs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's mistake is recognized and against himself/herself is reflected.