Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

On September 7, 2017, the Defendant sent a female-friendly job offers victim C (n, 20 years of age) at a middle school at the Dong-gu, 00 on September 7, 2017. In order to find out his or her own situation, the Defendant sent a drinking together with the victim, who was in the West-gu, Y-gu, Y-si.

At around 03:00 on the same day, the Defendant, while under the influence of alcohol, frightened the chest of the victim by hand, frightened the victim’s breast, frightened twice in the sexual organ of the victim, and tried to fright off the Defendant’s fright and panty, she exceeded the Defendant’s fright and panty, and put the Defendant’s sexual organ into the part of the victim’s sound. However, the Defendant frighted out from diving and attempted to do so.

Accordingly, the defendant attempted to rape the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on conversation with the suspect of the victim on text messages;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution ( Taking into account factors of sentencing favorable to the following reasons):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention.

The Defendant is a primary criminal without criminal records. The instant case is not a sexual crime against many unspecified persons, and the risk of recidivism can be reduced by registering personal information and taking lectures to treat sexual assault.

any other matter.