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

Punishment of the crime

At around 00:40 on November 28, 2019, the Defendant tried to have sexual intercourse with the victim D (the 23-year old age) who was under the influence of alcohol by the Defendant, who was under the influence of alcohol, by fit himself with the victim D (the son, 23-year old age). However, even though the Defendant was able to have sexual intercourse with the Defendant, the Defendant was not able to have the Defendant pushed down and resist at the wind, and the Defendant did not have the intent to do so.

Summary of Evidence

1. Application of Acts and subordinate statutes on the suspect interrogation protocol D to the defendant's legal statement to the prosecutor's office, the criminal's statement, each investigation report, each investigation report, and the field photo of the defendant's request for appraisal;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. In light of an order to disclose information and a notification thereof, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Welfare of Disabled Persons Act; Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 166622, Jan. 26, 20, 2019). 20).