A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 15, 2013, at around 05:00, the Defendant was trying to 4:24 the E Bath “F pention” located in Da, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to drink with workplace clubs, such as the victim G (inn, 23 years old) who attended the company camping conference, and to find out the victim who was diving at the small bank inside the above 424, and to engage in sexual intercourse with the victim who was in a state of mental or physical disorder or of failing to resist. However, even though the Defendant was trying to put the sex into the body of the victim under the influence of the victim and to put the victim into the body of the victim into the body of the victim, the Defendant was not able to keep the Defendant under the wind.

Accordingly, the defendant attempted to have sexual intercourse with the victim who is in a state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning G;

1. A complaint filed by G;

1. A statement prepared by H;

1. An investigation report (to hear telephone statements of the H of witnesses);

1. Application of Acts and subordinate statutes to photographs, such as the defendant, victim, beer photograph, and the scene of damage;

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

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

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, 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 [the Defendant’s age, occupation, family environment, social ties, previous convictions, and risk of recidivism (no criminal records have any record of punishment for the same kind of crime), and the victim’s intent not to punish the Defendant, and the disclosure order or notification order of this case.