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

준강간 미수 피고인은 2020. 4. 4. 05:30 경 김해시 B에 있는 피고인의 주거지인 C D 호에서, 술에 취한 채 잠을 자 던 피해자 E( 가명, 여, 21세) 을 강간하기로 마음먹고, 피해자의 옷을 벗기고 피해자의 성기 및 가슴을 자신의 혀로 핥는 등 애무를 하던 중, 아래 제 2 항의 기재와 같이 피고인이 피해자의 신체를 촬영하자 그 소리를 들은 피해자가 놀라 잠에서 깨는 바람에 미수에 그쳤다.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or non-refluence status.

2. While Defendant 1 was trying to have sexual intercourse with the victim as described in the above Paragraph 1, Defendant 2 taken one time against the victim’s sexual organ that could cause sexual humiliation using his “S10 cell phones when galloning” cell phonesed with the victim’s body, and the victim’s sexual organ that could cause sexual humiliation, as described in the above Paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to criminal defendant's legal statement E, and to report on the investigation into the case (on-site verification, etc.) the gene appraisal of the military police statement of F in the military and police statement of F;

1. Relevant legal provisions on criminal facts, Articles 300, 299, and 297 of the Criminal Act concerning the choice of punishment (the attempted quasi-rape) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed for the attempted quasi-rape with heavier punishment);

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment, etc. of sexual assault crimes;