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

Punishment of the crime

On October 18, 2015, the Defendant: (a) was a person who operates the alcohol house called “D” in Busan East-gu, Busan; (b) was willing to drink and drink the victim E (the age of 23) who was a guest at the foregoing alcohol house; and (c) had been drinking together with the victim and her relatives in Busan-gu F.

On October 18, 2015, at around 05:30, the Defendant: (a) when the friendships of the victim, under the influence of alcohol, were moved to the same 310 Moel on the part of himself/herself to set aside with the victim; (b) the victim was knicked by his/her own hand to knife the victim; (c) the victim was placed on the part of the victim; and (d) the victim’s flicked on the part of the victim who resisted against it, did not resist the victim’s will and clothes; and (c) attempted to sexual intercourse with the victim by force, but the victim tried to show the shower first.

After having taken the defendant in mind, he did not go out of the guest room and did not go out of the outside of the guest room.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. The screen of the accusation and CCTV suspension;

1. Application of the Act and subordinate statutes to the investigation report (No. 9 of the evidence list);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 Disclosure Orders, 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 Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism recognized as recorded (no such criminal record)], and the instant case.