A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On October 20, 2018, at around 23:00, the Defendant: (a) was exempted from water to the victim D (the age of 31) who was a chain in the victim’s house located in Seo-gu, Seo-gu, Seocheon-gu; (b) was trying to keep the victim’s pande and attempt to have a sexual intercourse with the victim who refused a sexual intercourse with the Defendant at the victim’s meeting; and (c) was trying to keep the victim’s pande and attempt to have a sexual intercourse with the victim to have a sexual intercourse with the Defendant. However, the Defendant failed to achieve that purpose by putting the victim’s pande in diving.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. On December 2018, the Defendant stated the facts charged at the victim’s house located in Seo-gu, Seo-gu, Seobuk-gu, and Seo-gu, Seocheon-gu, the 23:00, stating that the facts charged are “in the same place as above,” but revised and recognized as above according to the result of the examination of evidence.

The victim tried to engage in a sexual intercourse in the same manner as described in Paragraph 1 above, but the victim failed to realize his/her intention by giving a shoulder in diving.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in addition to the circumstances of a crime, referring to the aggravation of concurrent crimes prescribed in the crime of attempted quasi-rape in early December 2018) among concurrent 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. To exempt the disclosure order, notification order, and employment restriction order;