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

At around 16:40 on May 24, 2012, the Defendant: (a) reported the appearance of the victim D (the age of 13) who is a juvenile in the Gwangju Mine-gu, Gwangju, about 16:40, in order to rape the victim.

The Defendant saluted the victim’s trees by one hand following the victim, and tried to rape after suppressing the victim’s resistance by having the victim salute with another hand, and the victim saluted with sound, and attempted to commit rape after suppressing the victim’s resistance. However, the Defendant was discovered from E, who was passing through the place where the salute was aboard, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the police officer and suspect examination protocol of the accused in the prosecution;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes on resident registration;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument asserts that ① the victim was a juvenile under the age of 19 at the time of the crime of this case, and ② there was no violence or intimidation to the extent that it makes it impossible or considerably difficult to suppress or make it impossible to commit the crime of attempted rape.

2. Determination

A. As to the above argument No. 1, it is examined and decided.