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

The defendant is the husband of C, who is the former employer, who is the victim B (here, 36 years of age).

At around 04:40 on January 26, 2019, the Defendant: (a) found in the dwelling space located in Osan-si D Apartment E, Osan-si; (b) found the victim with drinking alcohol, and entered the room first; (c) found the victim in mind to have sexual intercourse with the victim; (d) entered the room above the part of the victim with intent of the victim to have sexual intercourse with the victim; and (e) set the victim's hand with the victim's hand, and her hand knife and knife the knife the victim's hand knife; and (e) prevented the victim from resisting the victim's body by dividing the victim's body.

Accordingly, the victim refers to “drasty, mental fear, and so on,” and the victim was sealed, and the victim was off from the victim’s will, and tried to have sexual intercourse with the victim by inserting his hand into the victim’s panty, but the victim continued to have his body and resist, but the victim did not have sexual intercourse with the victim by making it difficult for him to have his body and resist.” As such, the victim did not have sexual intercourse with the victim by making a disposition of tax withholding, i.e., the victim did not have been able to make it difficult for him to have his body and her body.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Recording notes;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order;

1. The accused has been punished for sexual crimes except for the crimes in this case, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order, 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.