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

Around 02:00 on February 11, 2019, the Defendant, at the house of the victim D (Inn, 53 years of age) located in Yansan-gu, Yansan-si, and, at the same time, fested the victim to rape, and led the victim's head debt by hand, "I am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am." When the head part of the victim was am am am am am, the Defendant forced the victim's resistance and the lower part of the victim, and attempted to have sexual intercourse with the victim, but the victim escaped out of the house.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Written answers (D);

1. Attachment of a victim's photograph, a gene appraisal report (D, A), CCTV images to the victim, and a list of 112 reported details;

1. Application of the Acts and subordinate statutes to each investigation report (related to photographs, CCTV image-related images, reporting telephone conversations, etc., victim D telephone conversations, and police officers visiting the scene at the time of damage to the victim);

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;

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. 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); there is no history that the Defendant was punished for sexual crimes; and the sentence of suspension of the execution of imprisonment with labor, registration of personal information, order to attend sexual assault therapy, order to provide community service and order to restrict employment can be seen to have the effect of preventing recidivism by the Defendant.

The defendant's age, social relationship, and social relationship.