A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim C (Grade 21, intellectual disability 2) live in a single club, and they are known to each other, and the victim is a person with a severe disability who has difficulty in exercising his/her right to sexual self-determination.

On April 2015, the Defendant, at the time of the victim's residence located in Pyeongtaek-gun, Gangwon-gu, Gangwon-do, drinked with the mother of the Defendant, the victim, and the victim's early drinking together with the mother of the victim, was divingd with the mother of the Defendant, the victim, and the victim's early drinking at the victim's house.

At around 23:00 on the same day, the Defendant discovered that the injured person was enjoying in the side of the Defendant, and, in mind of having sexual intercourse with the victim, wrap the victim’s hump, wurd the victim’s hump, hump the chest and the fump part of the victim’s chest, and exceeded the victim’s hump.

Then, the Defendant, by putting his hand into the victim’s clothes, tried to see the victim’s chest and the victim’s sexual organ, and put the victim’s sexual organ into the victim’s sexual organ after dancing, but failed to engage in sexual intercourse because it did not occur.

Accordingly, the defendant tried to have sexual intercourse with the victim who is unable to resist or difficult to resist due to mental disorder, but he said to have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Stenographic records;

1. A copy of the welfare card (the Defendant asserts to the effect that he was in a physical and mental state under the influence of alcohol at the time of committing the instant crime.

However, according to the records, it is difficult to recognize that the defendant was aware that he had drinking at the time of committing a crime, but has caused the lack of the ability to discern things or make decisions.

Therefore, the above argument is not accepted.

Application of Statutes

1. Articles 15, 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 297 of the Criminal Act;

1. Articles 25(2) and 55 of the Criminal Act to mitigate attempted amounts.