A defendant shall be punished by imprisonment for one year.

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

Defendant

On February 24, 2017, around 04:40, the claimant for the observation order to protect the victim (hereinafter referred to as the "defendant") was found to have sexual intercourse on the part of the victim F (the name, the 21-year old age), who became aware of the victim in the E club in Daegu-gu, Daegu-gu, and on the same day, had the victim F (the name, the 21-year age), who was under the influence of alcohol, expressed the victim's mind to have sexual intercourse. The victim's chest was frightly her chest by hand, the victim's chest was flick, and the victim's sexual organ was produced in the part, etc. of the victim, and tried to have sexual intercourse with the victim, but did not have the Defendant's sexual organ so that the Defendant's sexual organ was not generated, and the victim's sexual organ was frightd by the Defendant's hand.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes, such as CCTV photographs;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

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 personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (applicable to any crime including any sexual crime before the crime in this case)

It is difficult to conclude that the defendant is subject to the registration of personal information and the lecture of sexual assault treatment.