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

Punishment of the crime

The defendant is a victim B (a family name, a female, 21 years of age) and a family member with a workplace.

On May 4, 2020, the Defendant, from around 03:00 to 04:00 on the same day, tried to get off the clothes of the victim under the influence of alcohol from the body of the victim in Daejeon Pungdong-gu C, and had sexual intercourse with the victim’s sexual intercourse, but failed to have sexual intercourse with the victim’s sexual intercourse.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Statement of the police concerning the defendant's interrogation protocol B (tentative name) of the prosecutor's office on the defendant's court statement;

1. Application of Acts and subordinate statutes governing Kakao Stockholm messages for investigative reports (temporary relevance to the date and time of the damage);

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

1. Article 53 and Article 55(1)3 of the Criminal Act (hereinafter referred to as the “Discretionary Mitigation”), Article 62(1) of the Criminal Act (hereinafter referred to as the “Discretionary Mitigation”), a stay of execution, which is favorable to the reasons for sentencing, is considered as follows;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. In light of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) and the proviso to Article 49(1) and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), the Defendant did not have any record of criminal punishment for sexual crimes, and the background, method, mode, etc. of the instant crime, it appears that the Defendant’s order

In addition, the defendant's age, occupation, environment, family relationship, social relationship, the details, means, and result of the crime of this case, order to disclose it.