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

The defendant is between the victim B (n, 62 years of age) and the restaurant, which is known to the victim B (n, 62 years of age) and the restaurant, and about three months of the drinking.

On March 11, 2020, at around 22:35, the Defendant, while drinking alcohol with the victim at the residence of the victim B (n, 62 years of age) located in the north-gu Busan Metropolitan City C Apartment D, was placed on the floor by pushing the victim, was lying the victim on the upper part of the victim's body, and was lying the victim's chest and the sound part on the victim's body.

Therefore, the victim's sound that the police will be reported is against the victim's resistance, and the defendant was unable to drive the body by dividing the shoulder of the victim, and then the sexual organ of the defendant was written on the part of the victim's sexual organ. Although the victim tried to engage in sexual intercourse, the victim was not able to resist.

Accordingly, the defendant tried to rape the victim, but attempted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of investigation reports (Attempted Rape), investigation reports (Attachment to 112 Report List), investigation reports (Attachment to Requests for Expert Opinion to Victims' Body and Clothing DNA), application of field photographs-related Acts and subordinate statutes;

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

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. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to 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 is highly likely to commit sexual assault against unspecified persons.