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

On November 21, 2013, the Defendant entered the room, following the Defendant: (a) around 21:00, the “Eju” operated by the Sinju-si C Victim D (Y, 54 years old); (b) while drinking alcohol in the table table, the Defendant, along with the victim, went to the toilet located in the room, “the victim would do so to the toilet”; and (c) entered the room.

The Defendant: (a) had the victim got out of the toilet; (b) had the victim got out of the toilet; and (c) had the victim go out of the room without any remarks; and (d) had the victim’s knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, and attempted to rape the victim; (b) however, the Defendant attempted to commit the crime by voluntarily stopping against the victim’s resistance with the gel kne kne and perfect

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 26 and 55 (1) 3 of the Criminal Act;

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. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims thereof;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than September nor more than seven years and six months (legal mitigation and discretionary mitigation);

2. The sentencing criteria shall not apply to an attempted offender of the sentencing criteria; and

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the crime of this case committed by the defendant was committed by attempted rape, and the nature of the crime is not good. However, the defendant voluntarily suspended from committing the crime due to the misunderstanding of mind from the victim, and the defendant was seriously against the crime of this case.