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

Around 04:20 on July 2, 2019, the Defendant: (a) took the victim’s body that the victim D (the name, the 20-year-old person, and the 20-year-old person) intends to go from the room in order to further string alcohol; (b) divided the victim’s body that refuses to go against the victim’s body by putting the victim’s hand on the bed; and (c) took off the victim’s body on the part of the victim, and tried to have sexual intercourse with the victim by promptly cutting the part above the victim’s upper part of the victim’s body with the victim’s chest, but the victim did not have attempted to go off the victim’s body by taking the Defendant’s shoulder and cutting off the victim’s chest. However, when the Defendant’s body was able to do so with the Defendant’s shoulder, then the victim did not have attempted to go off the Defendant’s body after pushing the Defendant’s body by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Requests for appraisal, replys to general appraisal requests;

1. Reports on internal investigation (in emergency case of sexual violence against the victim), and reports on investigation (in case of attaching photographs of the suspect and the victim's body, the result of request for appraisal of the victim's hybrid);

1. Application of the Acts and subordinate statutes to attach photographs of seized articles, field photographs, and portrait photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation;

1. Article 62 (1) of the Suspension of Execution Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. The Defendant has no record of being punished for a sexual crime prior to the instant case, and the Defendant has no record of being punished prior to such a case.