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

피고인은 2015. 9. 24. 04:10 경 부산 사상구 C 소재 D 인근 도로에서, 술에 취해 앉아 있던 일면 식 없는 피해자 E( 여, 19세) 을 발견하고, 피해자를 주거지로 데려가 강간할 마음을 먹고, 피해자를 부축하여 50m 가량 거리에 있는 부산 사상구 F 건물 306호 피고인의 주거지에 데려간 후, 침대에 피해자를 눕혀 옷을 모두 벗기고 가슴을 만지고 입술과 가슴 부위를 핥은 후, 성교하려 하였으나, 피해자가 잠에서 깨어나 경찰에 신고하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

The Defendant attempted to rape the victim in a situation where he could not resist, but attempted to commit such rape.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Each investigation report (the sequence 4, 10 of the evidence list);

1. Application of the statutes of the response request for appraisal;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for 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 Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 punishment for sexual crimes against him/her and there is a risk of recidivism or recidivism of sexual crimes

It is difficult to readily conclude, due to the registration of personal information, and taking lectures in the treatment of sexual assault, the defendant can have an effect to prevent recidivism to a certain extent.

In addition, the disclosure order or notification order of this case can be seen.