A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant became aware of the victim C (n, 22 years of age) of his female-friendly job offering through friendly job offering B, and drinks alcohol in the drinking house with the above B and the victim around September 5, 2019, and around 03:00 on the same day, around 05:00, the defendant moved to the victim's house in Yeongdeungpo-gu Seoul Metropolitan Government building OOO No. OO No. 2 in Yeongdeungpo-gu, and drinking alcohol together with B.

At around 08:30 on September 5, 2019, the Defendant tried to rape the victim by inserting the sexual organ into the victim’s sexual organ and inserting it to the victim, but the Defendant did not have attempted to forcibly resist the victim’s clothes, i.e., “I ma, I am well, I am well,” while drinking alcohol with the victim and drinking alcohol together with the victim’s male-friendly B under the influence of alcohol, and cutting off all the clothes of the victim’s sexual organ, and i.e., “I ma, I am well, I am well. I am well.” The Defendant tried to rape the victim by inserting the sexual organ into the victim’s sexual organ, and inserting it into the victim’s sexual organ. However, the Defendant did not have attempted to resist the victim’s body with the victim “I am we am we see. I am well.”

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports, the submission of recording files for victims, and the submission of accompanying materials;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

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 to disclose or a notification order;