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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 12, 2015, at around 03:00, the Defendant tried to drink alcohol together with the Defendant’s residence in the original city B, and the Defendant’s D (the age of 32) that had been aware of it, and did not bring the Defendant’s arms into the bend where the victim’s arms are towed, put the victim’s arms on the bend, pressure the victim’s arms on one hand, take the victim’s body at the victim’s body, and has sexual intercourse with the victim’s panty, leaving the victim out of the victim’s pans, and suppressing the victim’s right so that the victim might not move out. However, the victim did not go against the Defendant’s high exchange, and resisted that “I will not turn out after the end of the year.”

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, 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, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), and the order of disclosure and notification of registered information and employment restriction orders

In light of the defendant's age, family environment, social relationship, etc., it seems that only the registration of personal information of the defendant and participation in sexual assault treatment programs can have the effect of preventing recidivism of the defendant, and the contents and circumstances of the crime of this case, and the disclosure and notification order.