A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with the victim B (the family name, the female, the age of 24) with the mother C.

At around 03:00 on March 27, 2019, the Defendant: (a) entered the Defendant’s residence under the D Building E, and met the victim’s chest and panty; (b) went off the victim’s clothes and panty; and (c) tried to put the Defendant’s sexual flag into the sound part of another victim’s pande on the part of the victim’s panty; (d) however, the victim was not able to keep the Defendant into the wind.

Accordingly, the defendant tried to have sexual intercourse with the victim who was under the influence of alcohol and was unable to resist by taking advantage of the state of disability.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A copy of the medical record for the victims of sexual assault, a copy of the emergency kich list collecting evidence of sexual assault, a response to each request for appraisal, a summary appraisal report, a legal and chemical appraisal report, each gene appraisal report, and a family relation certificate;

1. Application of Acts and subordinate statutes to investigation reports (in a de facto marriage of a suspect and a witness);

1. Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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) 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, 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, and the prevention of recidivism is also conducted only by taking lectures in treatment of sexual assault.