A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

Around 06:40 on August 3, 2014, the Defendant collected that the victim E (the South and the North Korean age 19) and two women’s day-to-day drinking together with the victim E (the North and the North Korean age 19) try to sexually assault a female woman under Article 603 of the indictment. In the indictment, the Defendant stated that “the victim is misunderstanding that the victim would sexually assault a female woman, if the victim would have only one woman’s day-to-day day-day day-day day-to-day day-day day-day day-of-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-

However, according to each evidence of the judgment, the motive of crime is recognized as above.

In the above 603, as a dangerous object, the victim's face was threatened, continuously boomed the victim's face, and the victim's face was taken by drinking, and the victim's body cannot be identified due to his/her escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol of statement to E and F;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The argument is that the defendant's act constitutes an excessive defense, since the victim made an erroneous mistake that he/she tried to assault a woman's day by sexual assault, and the defendant's act constitutes an excessive defense.

Therefore, the defendant can only be punished as a criminal of negligence, but can not be punished as a criminal of negligence.

2. The following circumstances acknowledged by each evidence of the judgment, namely, ① the Defendant and the victim of a female f, together with the female f and F, are female friendly G with the victim’s female f and the victim’s female f, ② the Defendant was mistaken for sexual assault by the victim in 603. At the time of the instant case, 603 as well as the victim and G.