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

Punishment of the crime

On November 10, 2018, at around 00:37, the Defendant discovered the appearance of the victim D (here, 20 years of age) who is a son and her mother, drinking alcohol and diving in the dwelling of the Defendant in Suwon-gu B building in Busan, and in the dwelling of the Defendant in heading C, and tried to rape the victim.

The defendant goes off from his panty and panty, exceeded the victim's panty and panty, and tried to put the victim's body above the victim's body into the part of the victim's body. The victim frighted, frightened and resisted the defendant's chest, and frightened the defendant's chest, and tried to rape the victim by inserting the victim's leg by force and inserting the defendant's sexual organ into the part of the victim's body, but the victim did not commit an attempted crime while she pushed the defendant into the leg and pushed the defendant into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each police investigation report (the Nos. 1, 5, 7, 14 of the evidence list);

1. Application of Acts and subordinate statutes to each on-site photograph,F text message, and family relation certificate;

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The exemption from a disclosure order and notification order under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, occupation, risk of repeating a crime, the motive, method, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the preventive effect of sexual crimes subject to registration which may be achieved therefrom;