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

The defendant and the victim D(the age of 18) are the same as that of high school, which is between friendly districts.

On May 7, 2016, at around 00:55, the Defendant was drunk in the first floor parking lot Mapo-gu Seoul, Mapo-gu, Seoul, to prevent the victim from sustaining the shoulder, who is in the state of failing to resist, and then was exempted from the victim’s panty and panty, and put his finger into the victim’s sexual flag.

After deducting the victim, the victim tried to engage in one-time sexual intercourse, but did not become an instrument, so that the victim was attempted to commit such sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One CCTV and a table of examinations requested for appraisal (Evidence Nos. 6);

1. Application of Acts and subordinate statutes to a criminal investigation report (12 reporter and witness F's telephone statement);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing, comprehensively taking account of the Defendant’s age, occupation, family environment, social relationship, benefits and effects expected by an order to disclose or notify, and adverse effects, etc. as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the Defendant’s personal information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of being punished previously; the Defendant’s personal information registration of the Defendant against the Defendant and the order to attend a sexual assault treatment course can obtain the effect of preventing recidivism to a certain extent; the Defendant’s age, occupation, family environment; social relationship;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. An attempted criminal is not subject to the sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for a year of suspended execution of one year, this case shall be prone to the defendant's High School;