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 between the victim B (n, 53 years of age) and the neighbor's residents living in the Dong of Seosan-si, Seosan-si.

On May 20, 2020, the Defendant, at around 17:05, performed alcohol with the victim, etc. in E, a land located in the above C Apartment D, and attempted to imprisonate the victim by drinking alcohol, leaving the mind of the victim, and inserting the victim’s sexual organ into the victim’s sexual organ by cutting off the victim’s inner organ, and inserting the victim’s sexual organ into the victim’s sexual organ, but did not result in an attempted crime.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, F, and E;

1. Records of seizure and the list of seizure;

1. Emergency medical services log, medical record duplicate, certificate of a copy of medical record and a gene appraisal report;

1. Application of the statutes on field photographs, CCTV photographs at the site at the time of dispatch to the site, photographs of Rape, and clothes worn by victims;

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. An order for disclosure and notification, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to 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); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3 of the Act on Welfare of Persons with Disabilities.