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

Punishment of the crime

around 02:00 on October 2, 2018, the Defendant, at the “C” restaurant operated by the Defendant in Jongno-gu Seoul Metropolitan Government, tried to engage in sexual intercourse with the victim (hereinafter “C”), who is an employee, in drinking alcohol together with the victim (hereinafter “victims 25 years of age”), with the intent of using the victim’s mind under the influence of alcohol, and to rape the victim. In addition, the Defendant, who was exempted from both the victim’s panty and panty, was trying to engage in sexual intercourse with the victim who was in the state of mental disorder and was in the state of mental disorder. However, the Defendant attempted to have sexual intercourse with the victim at his own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statement;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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 notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to readily conclude that the defendant has a risk of sexual assault and recidivism due to the absence of the same criminal record; Article 50(1) proviso of the Act on the Registration of Personal Information and Order to attend a lecture on the defendant may have the effect of preventing recidivism; and other circumstances such as the defendant's age, occupation, family environment, social relationship, and motive, means, and results of the instant crime

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year from June to February 15;