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

At around 02:00 on June 3, 2017, the Defendant: (a) met the “F” house near Seongbuk-gu Seoul, Seoul; (b) went together with the victim G (V, 20 years of age) who was first in the foregoing drinking house through the Defendant’s her her friend, and (c) went together with the victim who was unable to hold the body of the mixed person under the influence of alcohol at the Defendant’s car; and (d) went into the Defendant’s car on June 3, 2017; (b) went into the her mother’s car at around 05:31 on June 3, 2017; and (c) did not go through the Defendant’s her own sexual intercourse at the above 206 guest room near Gangnam-gu, Seoul; (b) tried to put the victim under the influence of alcohol, who was suffering from the victim’s sexual intercourse; and (c) tried to put the victim into the Defendant’s own sexual intercourse with the Defendant’s fluor.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. CCTV video CDs;

1. Investigation report (related to the submission of a file of recorded conversations by a suspect and a victim), the application of telephone recording CD-related Acts and subordinate statutes;

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 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, 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 [the fact that the defendant has no record of punishment for a sexual crime, the defendant's age, social relationship, risk of recidivism, etc. recognized on the record, characteristics of the offender, such as the defendant's age, social relationship, and risk of recidivism, the type, motive, process, etc.