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

The defendant, around 03:50 on July 10, 2020, was parked on the floor C in Gyeyang-gu, Seoyang-gu, Seoyang-gu, 201, while drinking alcohol together with the victim at the restaurant where the victim B (V, 58 years of age) was on July 10, 202.

D. On the back of a cargo vehicle, the victim's name and alcohol, which is in an unbucking condition while under the influence of alcohol, is dancing, and the victim's two legs are met several times, and the victim's two legs are divided into hand, and the victim's two legs are separated into hand, and the victim's chests and bucks are separated in the future, and the victim's chests and bucks are pushed up, and the victim tights are pushed up with his hand, and the victim tights and knicks knicks, but the victim tried to have sexual intercourse with the victim by forced knicks and knicks of the victim, but the environmental vehicle tried to have sexual intercourse with the victim's knick and knicks by hand, but the victim was pushed up with the victim's knick under the cargo vehicle.

Accordingly, the defendant did not intend to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but did not commit such an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the investigation report on the table of 112 reported case processing (Evidence Nos. 3, 4, 6, 7, 11, 12) to the CCTV images, video CDs and images-fepics and the guidance for indicating the victims;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

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 and a notification order; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 17282, May 19, 2020); Article 49(1) proviso and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020)