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.

Criminal facts

On February 26, 2014, at around 03:00 to 04:00, the Defendant found mixed at the main points of “D” operated by the victim C (W, 45 years of age) and performed drinking, the Defendant: (a) tried the victim to be able to rape the victim who was under the influence of alcohol and enter the inside room; and (b) prevented the Defendant from entering the entrance of the said main points by e-mail to the outside.

The Defendant continued to intrude into the above main room, and was drunkly drunk at least 3-4 times, and had sexual intercourse once by inserting his own sexual organ into the part of the victim, by inserting his or her arms and clothes which he or she could not resist under the influence of alcohol.

Accordingly, the defendant violated the victim's main room, and has sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Seizure records;

1. A report on investigation (specific suspect, specific suspect);

1. An appraisal book (slopped, salted, suspended, etc., or cigarette butts);

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Decision on the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.