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

The Defendant, at around 13:40 on August 16, 2019, 5 at the “C” singing room located in Michuhol-gu Incheon, Michuhol-gu, Incheon, for entertainment entertainment entertainment entertainment entertainment entertainment with the victim D (the victim’s name, the 23 years of age) who drinks alcohol and talks with the victim, was unable to take the body of the victim, and was able to have sexual intercourse with the victim. The Defendant was unable to enter the victim’s body, she was unable to prevent other singing room employees from entering the victim’s body, she was laid off the victim’s inner part and the upper part of the victim’s chests and the part of the victim’s chests, and she was able to enter the victim’s chest, and she was unable to enter the victim’s sexual organ, but she was unable to enter the victim’s sexual organ.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental condition, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Requests for each appraisal;

1. A report on internal investigation (including the situation at the time of dispatch to the site and the cases concerning statements made by victims), and each investigation report (the closure of text messages sent to the victim by a suspect and the closure of Cnoby CCTV images).

1. Application of Acts and subordinate statutes to photographs of victims;

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. 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 information and an order to notify information, and 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 are primary offenders, and the Defendant is a course of taking sexual violence therapy against the Defendant, an employment restriction order, and the registration