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

The defendant has been aware of the victim C (math, 62 years old) and 10 years ago, and the victim is a person with a disability of 6th degree in brain disease.

At around 14:30 on October 15, 2016, the Defendant: (a) was in the victim’s house located in Heung-gun, the Defendant, at around 14:30 on October 15, 2016, had a panty attached to the victim’s panty and attempted to be out of the victim’s house; (b) had the victim’s husband, who was out of the country, had the victim mind to rape; and (c) had the victim “one-time defect”; and (d) had the victim forced to leave the victim’s panty by placing the victim on the floor;

Accordingly, the Defendant attempted to rape a victim with a physical disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Video CDs;

1. The defendant asserts that he was in a mental and physical state by drinking alcohol at the time of committing the instant crime.

However, according to the records, although the defendant was deemed to have a drunken state at the time of the crime of this case, in light of the background, means and methods of the crime of this case, and the circumstances after the crime of this case, the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

Since the defendant's assertion is not visible, the defendant's argument shall not be accepted).

1. Relevant legal provisions concerning criminal facts, and Articles 15 and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.