A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On June 16, 2015, at around 15:00, the Defendant, along with the victim C (V, 49 years of age) who is a work bonus, had frightened to the Defendant’s land in the Gangwon-gun-gun, Gangwon-do, with an intention to rape the victim by advertising it.

On June 16, 2015, at around 23:35, the Defendant: (a) was parked on the truck of poter truck owned by the Defendant, which was parked on the above land, carried with the victim, and (b) went away from the victim’s boarding and seated, cut off the victim’s seat, and opened the victim’s seat with his hand so that the victim may not walk; (c) was forced to walk the victim’s face; and (d) was tightly frighted by the victim’s chest with her chest and her breast, she was pushed off with the victim’s face; (d) the victim tried to get off the victim’s seat on his/her own; and (e) the victim tried to keep the victim away from the victim’s attempt, but the victim tried to get off his/her clothes by her hand, and (e) the victim tried to get off his/her clothes by her hand. However, the Defendant she was able to get off his/her clothes.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or lecture attendance order;

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 a notification, 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 are the same as the accused