A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant, around April 8, 2018, around 05:15, around 05:15, in Thai-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in drinking together with the motive of the Defendant’s college, such as the victim D (inns, 24 years of age, household name). The Defendant was willing to engage in sexual intercourse with the victim by using the victim’s vehicle in which the victim is under the influence of alcohol.

The defendant tried to have sexual intercourse with the victim by inserting his hands in the panty of the victim, cutting off his panty and panty, cutting off the defendant's panty and panty, and attempted to have sexual intercourse with the victim. However, the defendant attempted to have a panty with the wind of the victim.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement prepared by E and F;

1. The application of Acts and subordinate statutes to genetic appraisal documents and investigation reports (Evidence List 8);

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s age, family environment, family relationship, social relationship, relationship with the victim, as well as the fact that the Defendant had no record of being punished for a sexual crime even before that date), the details and result of the instant crime, the risk of recidivism by the Defendant, the risk of disclosure, and the possible side effects and side effects of the Defendant’s entry due to the order of restriction on employment.