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 January 8, 2020, the Defendant: “B” located in Bupyeong-gu Incheon Metropolitan Government around 21:00, the Defendant met the victim C (a person, b0 years old, 20 years old, hereinafter “victim”) at the first place with his or her drinking in combination with his or her daily behaviors, and then the Defendant got the victim from drinking so that he or she got the victim into the youth in Bupyeong-gu Incheon Metropolitan City.

The defendant from January 8, 2020 to the same month.

9. At around 00:55, the victim under the influence of alcohol was laid off with all the clothes of the victim who suffered from the defect of the mouth, and was laid off with the victim in a cleaning agent, and the victim was faced with the victim, using shower, using a shower, and then, the victim was able to resist the victim's chest, who is unable to resist under the influence of alcohol, in his/her hands, and was frightd with the victim's chest, and brought the victim's sexual organ into the part of the victim's sexual intercourse by inserting his/her body and inserting his/her sexual organ into the victim's body, but was attempted to have sexual intercourse with the victim by inserting his/her sexual organ into the victim's body, refusing to do so.

Accordingly, the defendant tried to have sexual intercourse with the victim who was unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each investigation report (in addition to the result of a request for the provision of communications data, the attachment of CCTV images, the specific circumstances of the suspect, the attachment of the results of the request for appraisal, the hearing of the opinion of the master, the details of the seizure of on-site CCTV images, the details of the seizure of the victim's visual images, comparative CCTVs with the appearance of the victim, and the confirmation of the victim's room), the complaint letter, the alcohol gathering structure and communication confirmation data reply, the capture of CCTV images, the gene appraisal statement,

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 consideration shall be made again for the reason of sentencing);

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