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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 14, 2020, the Defendant, at around 22:00, had the victim at work in the vicinity of the wife B (a person, a person, and 25 years of age), had the victim under the influence of alcohol, and had the victim used in the beds in which the victim was under the influence of alcohol, to have sexual intercourse with the victim by using the victim's resistance impossible condition.

Accordingly, the Defendant tried to have sexual intercourse with the victim by putting his/her body off, she was in the body of the victim, putting his/her hand in the inner part of the victim, and drinking his/her chest. However, even though he/she attempted to have sexual intercourse with the victim, he/she did not bring his/her head into his/her hands, resisting him/her, and resisting him/her by his/her hand.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, but attempted to have such sexual intercourse.

Summary of Evidence

1. A protocol concerning suspect examination of the police concerning D's legal statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the written complaint or text message printed out;

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

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. An order for disclosure and notification, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 1738, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020);