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

On January 26, 2013, the Defendant, at the home of D, which is the workplace rent of C Apartment 109, 302, a two-time, Yangsan-si, had drinking together with D, and had locked in the living room. On the same day, around 05:30 on the same day, the Defendant had expressed a mind to report the victim E (the 14-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-based-based-child-based-child-based-child-based-child-child-child-child-child

The defendant tried to engage in sexual intercourse on the body of the victim so that the victim does not resist the victim, while she talked with the victim under clothes of the victim who she was diving, and she tried to have sexual intercourse on the body of the victim so that the victim does not resist the victim, but did not achieve the purport of the victim's she was ppuri, and she was she out.

As a result, the Defendant attempted to engage in sexual intercourse with the victim who is a child or juvenile by force, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs;

1. Stenographic records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 7 (6), (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] : imprisonment of two years and six months to fifteen years [the decision of sentence] ; general standards ; rape (the person aged 13 or older) ; type 2 - mitigated elements : Non-compliance with punishment [the scope of recommendation] ; imprisonment of three to five years (the scope of punishment).