Defendant shall be punished by imprisonment for a term of 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.

Criminal facts

The defendant is between the two universities such as the victim B (the family name, the female, the age of 20) and the post-ship attending the same division.

On May 11, 2018, the Defendant: (a) completed the drinking place with the victim, etc.; and (b) went to the taxi with the victim to go to the house; (c) however, (d) the victim under the influence of alcohol was able to go to the telecom, and (d) the victim was repeatedly able to go to the telecom, and (e) the victim was able to go to the telecom.

On the same day, at around 02:30 on the same day, the Defendant went to the victim to the Busan High-gu Busan High-gu Dur E, and the drunk victim was in a state of personnel in a state of personal influence, with intent to have sexual intercourse with such victim.

Accordingly, the Defendant is able to dance with the victim who was diving, leave the victim's chest, and then put the victim's body into the part of the victim's sound, while the Defendant intended to put the victim's sexual organ into the part of the victim's sound. However, in the sense that the Defendant was able to enjoy the body, the Defendant was not able to break out the victim's body with the wind.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each investigation report (number 2 through 4, 13 through 15, 20);

1. Certificates, requests for appraisal, reports on requests for appraisal, gene appraisal, and application of Acts and subordinate statutes to photographs;

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

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 (The following consideration shall be made again for the reason of sentencing);

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

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 and notification orders, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.