A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On April 3, 2015, at around 03:10, the Defendant: (a) found the victim D (the age of 34) who walked while under the influence of alcohol in the vicinity of Kuju-si; (b) discovered the victim D (the age of 34); and (c) led the victim to the second floor of the Esing practice room building.

After that, the Defendant: (a) followed the victim who refuses to do so; and (b) followed the victim who moves out of the above building by leaving the kis; (c) kissed the victim into the stairs of the second floor of the above building; and (d) kis the victim by leaving the kis in the wall; (b) kising the kis of the victim by leaving the kis, knee, knee and panty of the victim; and (c) knee, knee and knee of the victim; and (d) the police officer called out upon receiving a report, who attempted to engage in sexual intercourse, attempted to commit the wind coming out of the above stairs; and (e) accordingly, the victim suffered injury, such as the part of the building requiring treatment for about two weeks

Accordingly, although the defendant tried to engage in sexual intercourse by taking advantage of the victim's mental or physical condition of mental or physical failure to resist, he did so and suffered injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. A detailed statement on handling 112 reported cases;

1. A response to the request for appraisal and a gene appraisal report;

1. Two photographs, four photographs, four photographs, one CD (CCTV), nine photographs, one photograph, and one CD;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 299 of the Criminal Act concerning the facts constituting an offense;

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

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

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

1. Where the defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and (3) and 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes guilty of the crime committed in the judgment.