A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

At around 04:00 on September 8, 2013, the Defendant: (a) sent a cigarette to a person who was in receipt of a request from the victim D (W, 21 years old) to lend a cigarette to him/her, and (b) sent it to the victim with a fluor who was in receipt of a request from the victim D (W, 21 years old) to indicate the trade name in the revised Sinnam-si C market in which it is difficult to know, Sungnam-si, Sungnam-si.

The Defendant, while under the influence of alcohol, went back to the front of the victim's house located in the studio in the nearest studio building.

The Defendant opened a entrance with the key and confirmed that there is no other person in the house of the victim, and the victim decided to have sexual intercourse with the victim by taking advantage of the victim's failure to resist due to taking the entrance and taking advantage of the victim's ability to resist, and invaded into the victim's house.

피고인은 집 안 방바닥에 술에 취한 채 쓰러져 있는 피해자의 티셔츠와 브래지어를 위로 걷어 올리고 청반바지와 팬티를 벗겨서 피해자의 가슴과 음부를 각각 입으로 핥은 다음 피고인의 바지를 벗고 피고인의 성기를 피해자의 음부에 삽입하려다가 마침 정신이 깬 피해자가 피고인을 밀어내며 저항하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant invadedd the victim's residence and tried to have sexual intercourse with the victim's D by using the victim's state of impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each written statement of prosecutor D and E in the prosecutor’s preparation;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 299 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)

1. Probation, order to provide community service and attend lectures;