Text
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
(2) On August 9, 2017, the Defendant: (a) around 00:10, Kimpo-si, Kimpo-si, *** the 4** the 4* the 36-year old age old; (b) the Defendant was drinking in the dwelling space of the victim E (the 36-year age old); (c) the victim was able to rape the victim during the beer with the victim and was placed on a sofacion by putting the victim’s arms on the sofacs; (d) the victim was forced to escape and forced the victim to sit the victim on the floor of the living room; and (e) the victim was forced to sit the victim on the ground of his/her own will and her panty, and went off the victim’s fac to the wind of leaving the front door and getting out of the corridor; and (e) during that process, the victim was suffering from the scambling and the scambling of the victim for about two weeks medical treatment.
Accordingly, the defendant tried to rape the victim, thereby causing bodily injury to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each statement of E and F;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant legal provisions and Articles 301 and 297 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification 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 fact that the defendant was not punished for sexual crimes, but is committed in attempted rape, and the defendant does not want the defendant's punishment by endeavoring to recover the victim's damage, and the defendant does not commit the crime of this case planned from the beginning.