A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 05:40 on August 17, 2013, at the defendant's house located in Seongdong-gu, Sungnam-gu, Gyeonggi-gu, Gyeonggi-do, the defendant drinked with the victim D (23 years of age). The defendant, under the influence of alcohol, was exempted from the victim's panty, and went off on the part of the victim, and tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's refusal to resist. However, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's refusal to resist. However, the defendant did not go against the victim's intention, and did not go against it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes described in the police statement (the first and second time) to D;

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

1. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., grounds for sentencing following the period of suspended execution);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The accused falls under any of the persons subject to disclosure orders and notification orders, under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)

However, there was no history of punishment for sexual crimes, and the crime of this case occurred in his house with the defendant who drinks together with the victim.

In addition, the defendant suspended the crime of the defect that the victim would not speak, and immediately after the crime was committed, the victim knew about his mistake and sought a letter of apology, and subsequently, the victim was given monetary compensation and was sentenced to the victim's expression of intention not to punish the victim by committing the crime of deception.

The Defendant reflects in depth on the instant crime, and again commits such a crime.