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

The defendant is a person who is a student B (n, 20 years of age) who is a student of a university.

At around 03:00 on December 21, 2019, the Defendant, at the house of the victim located in Kimhae-si, Kim Jong-si, and around 03:0, she met the victim with drinking alcohol on the date of the death of satch from the victim, and ran the victim above, the victim under the influence of alcohol, first, was out of the part of the victim, and was out of the part of the sat, and tried to have sexual intercourse with the victim as soon as the satis and the part of the satis satis satis satisf, and the victim satisfes the sat and the part of the satisf, and tried to have sexual intercourse with the victim.

Accordingly, the defendant was trying to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and did not have such intent.

Summary of Evidence

1. Defendant's legal statement;

1. The application of laws and subordinate statutes to the seizure protocol of each police statement as to B, the report on internal history in the seizure list (Attachment of a recording file of the contents of the victim's currency to the suspect and the victim), CDs (Attachment of a list of evidence), the internal history report (Attachment of a photo of the Red Sea), two copies of the mixed Sea (Attachment of a Request for Appraisal of the Red Sea), the criminal investigation report (Attachment of a list of evidence Nos. 10), the criminal investigation report (Attachment of a gene report by the DNA of the oral cell) (Attachment of a list of evidence No. 13), the criminal investigation report (Attachment of a list of evidence), the criminal investigation report

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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 an order to disclose or notify, Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).