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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an elementary school children's school bus driver, and the victim C (n, 32 years old) is an administrative officer in the same elementary school as the defendant.

The Defendant, along with the victim and other employees, took a meeting with the victim’s and other employees. On May 11, 2016, from around 23:40 to around 02:40 on May 12, 2016, the Defendant was deprived of the victim under the influence of alcohol between 02:0 to 02:40 on May 12, 2016, and went into the residence of the victim under the influence of Da.

The Defendant reported that the victim was under the influence of alcohol, and tried to rape the victim by taking advantage of such victim’s resistance impossible condition, exceeded the clothes of the victim, and talked with the victim’s chest and sound, and sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

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

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (in relation to confirmation of records of a suspected mobile phone, attachment of photographs and videos, attachment of site evidence photographs);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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 the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the Defendant has no record of being punished for a sex offense, the Defendant committed the instant crime with contingency under the influence of alcohol, and the Defendant committed the instant crime with contingency, and is not against many unspecified persons, and the background, circumstances after the instant crime, and disclosure order.