A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 07:15 on December 6, 2013, the Defendant, at the house of the victim D (Inn, 25 years of age) located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, brought about drinking together with the victim, and considered that the victim was suffering from drinking only.

The Defendant was going on the victim's body and tried to capture the victim's chest and the victim's sexual organ into the part of the victim.

As a result, the victim fright away from the play, the victim frighted in the way to walk and walk the defendant, and the defendant tried to rape the victim by inserting the victim's sexual organ into the victim continuously after making it difficult for the victim to grow up with his hand.

However, the defendant, by hand, continued to fight with the defendant, and resist his body, and eventually failed to achieve his intention.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (investigation into site situations, etc.);

1. Articles 300 and 297 of the Criminal Act applicable to the 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 extenuating circumstances among the reasons for sentencing);

1. In light of the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the Defendant appears to have committed the crime of this case which was under the influence of alcohol and had committed the crime of this case in a contingent manner, and the Defendant was the first offender, the Defendant led to the confession and reflect of the crime of this case, and the