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 May 5, 2013, at around 00:20, the Defendant reported the victims E (n, 17 years of age) and the victim who were in drinking alcohol from the cell phone fladul “com” (n, 17 years of age) to the victim’s body while drinking alcohol, and attempted to engage in sexual intercourse by putting the victim into the victim’s body knife and her hair into the part of the victim’s body and by dividing the victim’s hand by force. However, the Defendant attempted to commit sexual intercourse by putting the victim into the part of the victim’s clothes, and her breast into the part of the victim’s clothes, but she attempted to commit sexual intercourse.

Accordingly, the defendant tried to rape a juvenile victim and attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made to E;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV photographs and attaching field photographs);

1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, Etc.;

1. The reason for sentencing under Article 49(1)1 and (3), Article 50(1)1 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] shall be punished by imprisonment of 2 years and 6 months to 15 years [whether or not the sentencing guidelines are applied], and the sentencing guidelines shall not apply to the attempted crimes.

[Decision of Sentence 3 years of imprisonment and suspended execution 5 years of imprisonment with prison labor, the crime of this case was committed with the victim who was known to the defendant through mobile phone distribution and attempted to rape the victim, but the crime was committed with attempted rape, and the crime was not very good in light of the circumstances of the crime, method of the crime, etc.