A defendant shall be punished by imprisonment for two years.

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On October 22, 2019, the Defendant first 08:11 on October 22, 2019, when the Defendant: (a) sought to move the victim B (tentative name, doer) into the Sungnam-gu C building or D unit in Sungnam-gu Seoul Special Metropolitan City, where the Defendant resides; (b) however, the Defendant refused the victim and forced the victim to enter the front of the entrance, and forced the victim to enter the house.

Therefore, while the defendant was trying to open a string of the entrance by using the gap between the defendant and the victim of drinking fright, he did not open the string because he did not open the string of the entrance because he was divingd in a water way other than the domin. The defendant was placed on the part of the defendant by hearing sound from the toilet to the string and leading the victim to the string, leading the victim to the string.

이어서 피고인은 피해자의 신발과 양말을 벗기고 손으로 피해자의 어깨를 눌러 반항을 제압하면서 피해자의 위에 올라타 키스를 하고, 얼굴을 피해자의 가슴 부위에 묻고, 피해자의 상의와 속옷 안으로 손을 넣어 가슴을 만지고, 입으로 오른쪽 가슴을 핥고, 치마를 들춰 속옷 안으로 손을 넣어 음부에 손가락을 2회 집어넣었다.

Therefore, the victim said that the defendant would be able to respond to a cleaning agent, and the defendant again runs away from the house using a cresh in the toilet.

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of B and E;

1. Reports on internal investigation (F statements for reference), investigation reports (in the presence of the suspect, investigation reports on the current status of the suspect), photographs, investigation reports (in the presence of the victim), CCTV images, CCTV photographs, investigation reports (in the presence of the victim immediately after the occurrence of the case, details of the call in which the victim requests assistance of his/her father);

1. Application of Acts and subordinate statutes to genetic appraisal and response;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;