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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at around 02:00 on December 9, 2017, tried to engage in sexual intercourse with the victim, such as drinking alcohol together with the victim D(W, 18 years of age) who was living together with the victim D(W, E. 305 of the Young-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and

Accordingly, the defendant attempted to have sexual intercourse with a juvenile victim by using a state of impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against D;

1. Determination on the defendant of a reply to a request for appraisal and his/her defense counsel

1. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to the depression and alcohol usage disorder, etc.

2. The determination of mental disorder provided for in Article 10 of the Criminal Act is a biological factor and requires that mental disorder, such as mental disorder or abnormal mental condition, is lacking or reduced in the ability to discern things due to such psychological disorder. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things or control behavior (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). According to the evidence, even though the defendant was deemed to have been able to receive mental treatment or hospitalized due to depression, alcohol disorder, etc. at the time of committing the instant crime, it is recognized that the defendant had a history of having committed the instant crime, but in full view of the circumstances, means and methods of committing the instant crime, details of the crime, and the behavior of the defendant before and after the instant crime.