A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 20, 2013, at around 02:10 on July 20, 2013, the Defendant tried to engage in sexual intercourse, such as: (a) the Defendant’s wife E, and the victim under the influence of alcohol while drinking alcohol together with the Defendant; (b) the victim who was unable to sleep his body under the influence of alcohol; (c) the Defendant was placed on the bend bend inside the bend; (d) the victim was placed on the bend inside the bend; and (d) the victim was kid on the part of the victim; and (e) kid from the bend to the bend inside the bend; and (e) the Defendant tried to engage in sexual intercourse with the victim, but the victim was not in a way that the Defendant was pushed the Defendant on his hand and did not commit so.

Accordingly, the defendant tried to have sexual intercourse by taking advantage of the victim's state of impossibility to resist, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Statement D in the second protocol of interrogation of the accused at the police station on the accused;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to police internal investigation reports;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The instant crime committed on the grounds of sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse attempts to rape a victim who is the wife of the Defendant, who, under the influence of alcohol, loses his mind and lacks his body.

The nature of the crime is not that of attempted crimes, but that of the crime.

However, the defendant was punished for committing an attempted crime, and the defendant was punished for a sexual crime.