A defendant shall be punished by imprisonment for one year.

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

On March 2, 2019, the Defendant and the victim B (n, 18 years of age) entered the C University located in the original city, and the victim was locked at the Defendant’s residence located in the original city, upon request from the Defendant, while making a well-known place after the closure time of the above university’s dormitory around 01:00 on April 12, 2019.

At around 01:00 on April 12, 2019, the Defendant confirmed that the victim was locked while being locked with the victim at the bed at the bed at the bed room in the above residence. The Defendant sought to see the victim’s chest and panty by putting his hand into the bed and panty of the victim, and then put into the bed into the bed part of the victim’s sound. However, the Defendant continued to put into the bed part of the victim’s sound, but the Defendant did not put the victim’s scam and scam immediately and put the finger into the bed part of the victim’s sound.

Accordingly, the defendant was trying to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and did not have such intent.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Determination on the assertion by the Defendant of studio photograph and the defense counsel

1. The summary of the argument is that the defendant committed the crime of this case by misunderstanding the victim who was under unlocked condition as locked, and the crime of this case constitutes an impossible attempted crime as provided in Article 27 of the Criminal Act.

2. Determination

A. Article 27 (Impossible Crime) of the Criminal Act provides that “The punishment may be mitigated or remitted if there is a danger even if the occurrence of the result is impossible due to the means of enforcement or mistake of the subject matter.”

The impossible attempted attempt is not likely to cause a result or infringement of legal interests from the beginning due to the means or mistake of the object, even though there is a criminal intent and the act can be seen as the commencement of the commission.