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

Around 01:50 on August 24, 2016, the Defendant: (a) at the main point of “D” located in Tong Young-si C and 1st century; (b) while having talked with the victim E (n, 19 years of age) who is an employee of the said main point, the Defendant was aware of the victim; and (c) had taken the victim into the public toilet of the said main point to open the door and prevented the victim from entering the door and leaving the door so as to inflict any danger and injury on the victim; and (d) had led the victim to undermining the victim’s resistance by hand. However, the Defendant found the victim, who was entering the said toilet, was attempted by F of the said main point of business, which entered the said toilet.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of statutes on site photographs;

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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is deemed to fall short of the effectiveness of an order to attend a lecture due to a foreigner's lack of communication in Korean language, and it is difficult to achieve the effectiveness of preventing recidivism of a sexual crime, and thus

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the age, occupation, risk of recidivism, details and motive of a criminal defendant under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the method and motive of the criminal act, the seriousness of the criminal act, the degree of disadvantage and anticipated side effects that the criminal defendant may suffer, and the sexual crime subject to registration that may be achieved therefrom.