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

On August 25, 2019, the Defendant, as the wife of the victim B (here, 19 years of age), drinks together with the victim and his/her happiness at the "Dju shop" located in Daejeon around 22:30 on August 25, 2019, and the victim was under the influence of alcohol at around 23:00.

1. On August 26, 2019, at around 00:49, the Defendant, who entered a residence, opened a door and intruded with the digital recording password by inserting the secret number of the ordinary string in the family of the victim in Daejeon Dong-gu, Daejeon, and the victim in Xx, who was aware of the usual string in the family of the victim in Xx.

2. At around 03:30 to 04:00 on August 26, 2019, the Defendant attempted to engage in sexual intercourse by inserting the gap in which the victim was under influence of alcohol in the victim’s residence, and by inserting the victim’s chest and sexual organ into the part of another victim’s body, and inserting the victim’s chest and sexual organ into the part of the victim’s body, and inserting the victim’s sexual organ into the part of the victim’s body to resist, but the Defendant did not commit attempted to commit sexual intercourse by taking advantage of the victim’s state of inability to resist. However, the Defendant did not have the intent to resist or resist from diving.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to field photographs, 112 reported case processing records, gene appraisal records, and photographs of cases;

1. Relevant legal provisions concerning facts constituting an offense and Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the points of intrusion upon residence and the choice of imprisonment), Articles 300, 29, and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes);

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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.