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

1. Around 03:00 on May 10, 2014, the Defendant: (a) reported the victim E (in female and 19 years of age) at the Busan District Office D 503, Busan District CD Da 503, and tried to commit rape; (b) reported the victim E in a timely manner to rape the victim; (c) faced the victim with the victim’s befrightencing; and (d) tried to escape the victim’s befrightencing; and (c) attempted to escape the victim’s befrightening; (d) however, the Defendant did not commit an attempted crime without having the victim resisting.

2. The Defendant, at the same time and at the same place, detained the victim for about one hour from around 04:00 on the same day by preventing the victim from leaving the said telecom by taking away the mobile phone equipment and the bags owned by the victim who intends to go to go to the above defense room from going to the said room, and destroying the victim.

3. The Defendant damaged the victim’s property at the same time and at the same place, such as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on photographs and Kakaoo photographs;

1. Relevant provisions of the Criminal Act and Articles 300, 297, 276 (1), and 366 of the Criminal Act concerning criminal facts that are applicable to the choice of punishment; and Articles 300, 297, 276 (1), and 366 of the Criminal Act;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Rape with the heaviest Punishment)

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 (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.