A defendant shall be punished by imprisonment for not less than two years 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

On June 6, 2015, at around 23:55 on June 23:5, 2015, the Defendant reported the victim D (L, 21 years of age) who boarded a bicycle and enters a nearby female toilet in front of the 1st floor of Yeonsu-gu Incheon Metropolitan City, Incheon, and tried to rape the victim.

The Defendant: (a) followed the victim, went into the above female toilet; (b) opened the entrance; (c) opened the entrance; (d) opened the entrance; (d) opened the entrance; (d) opened the victim from behind the victim waiting for the victim; (d) opened the entrance; (d) opened the entrance; (e) opened the victim’s walk; (e) opened the victim’s walk; (e) opened the entrance; (e) opened the victim’s walk in hand; (e) opened the victim’s walk up; (e) opened the victim’s walk up; and (e) opened the entrance; (e) opened the victim’s walk up; and (e) opened the victim’s walk up; and (e) opened the victim’s walk up; and (e) opened the victim’s sound in his position; and (e) opened the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police of the victim;

1. Statement of the police statement of witness E and F;

1. Photographs (the clothes worn by the suspect);

1. Application of each investigation report (applicable to arrest circumstances of a suspect, cases concerning statements made by a victim, on-site photographs, and on-site inspections inside female toilets);

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

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, Article 60 (3) of the Juvenile Act ( considered as being favorable for the reasons for sentencing under the following subparagraph);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;