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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. At around 02:30 on July 3, 2013, the Defendant, along with E and the victim F (the 22 years of age) who was aware of D and his/her friendship D’s house located in the Man-gu Mandong-gu Mandong-gu D, An indecent act by compulsion, in order to commit an indecent act on the part of the victim by putting alcohol into a place where he/she intends to sleep at the influence of alcohol, with the victim E and the victim F (the 22 years of age). A quasi-decent act by compulsiond the victim’s body by inserting his/her hand on the part of the victim under the influence of alcohol and inserting his/her hand on the part of the victim.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of impossibility to resist under the influence of alcohol.

2. At around 03:00 on the same day, the Defendant: (a) was aware of the intent of having the victim E(or 22 years of age) sexual intercourse; (b) was off the victim’s fright and panty; and (c) attempted to have sexual intercourse with the Defendant’s fright and panty; but (d) the victim was able to have sexual intercourse with the Defendant’s fright and panty.

Accordingly, the Defendant, who was under the influence of alcohol, attempted to have sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist, but failed to achieve such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Application of Acts and subordinate statutes to report on investigation (to hear the F phone statement of a victim);

1. Relevant legal provisions concerning facts constituting an offense and Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Articles 300, 299, and 297 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.