A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment became final and conclusive, the defendant shall be sentenced to imprisonment.

Criminal facts

On June 21, 2014, at around 03:37, the Defendant discovered the victim E (here, 33 years of age) drunked in front of the “Del” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and sought a sexual intercourse with the victim, i.e., a public toilet located in the Moel Building parking lot; ii) kid the victim; iii) kid the victim; kid the victim; kids by the Defendant’s hand; and buckbucks.

When the victim gets off and resists the victim's name, the defendant was unable to stop with the defendant's hand to sustain the victim's hand, plucked and plucked the victim's body, and divided the victim's head debt into the direction of changing the victim's body.

As a result, the defendant tried to engage in sexual intercourse with the victim by assault, and the victim was injured by multiple tensions and multiple tensions that require treatment for about two weeks.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant alleged that he did not have the intent to rape at the time of committing the crime, and that there was only the intent to commit indecent act by compulsion, but it is sufficient to recognize the defendant's intent to commit rape in light of the legal testimony of the witness E and the F where the objective situation was considered

1. Legal statements from witnesses E and F;

1. Description of the written diagnosis of injury;

1. Application of each video statute to a photograph of crime, a photograph of damage, and the place of crime;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order or order 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 an order to disclose or a notification order, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;