A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On November 19, 2012, at around 06:50, the Defendant tried to engage in sexual intercourse with the victim E (the age 24) who flicked in the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government at an elementary school by drinking together with drinking at the same time at the night immediately preceding the day, and was seated at the spons of the Defendant’s house at an elementary school, and attempted to have the victim’s hand and panty by holding the victim’s hand and forced the victim’s hand and panty by force. However, the Defendant did not form a wind that the victim did not flick the victim’s horse, pushed the Defendant, pushed the Defendant’s hand over the left side and the left side of the chest, and opened a door and open a door.

Accordingly, the Defendant attempted to rape the victim, but attempted to commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Each investigation report (the F counterpart investigation of the shootings, the attachment of photographs around the scene of the crime, and the attachment of photographs of the body of the suspect);

1. Application of each statute on photographs;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. At the time of the imposition of an order to disclose or notify, the Defendant committed the instant crime by contingency at his/her home while drinking together with the victim. It is difficult to readily conclude that there is no record of punishment, including the above crime, and thus, there is no need to impose security measures, such as an order to disclose or notify, on the part of the Defendant. On the other hand, the Defendant is living together with his/her family members after the military, and the Defendant is able to faithfully live together with his/her family members for at least two years.