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 May 2, 2018, at around 01:0, the Defendant tried to 32 years of age in the residence of the victim D (n, 32 years of age) located in the Nam-gu Seoul Metropolitan City City City City City City City City Cri-gu, by using the gaps in which the victim is locked by drinking by drinking with the victim while drinking together with the victim, and put the victim out of the victim's panty and panty, and put the sexual flag into the part of the victim's sound. However, the Defendant was not able to bring the victim into the part of the victim's sound.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the state of the victim, who is not capable of resisting by drinking, but failed to achieve such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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 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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant has no record of any sexual crime, the degree and expected side effects of the disadvantage and side effects of the defendant's entry due to the order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim from the sexual crime subject to registration, there are special circumstances in which the defendant shall not disclose or notify personal information.

[Determination]

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. A person who attempts to quasi-rape;