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

The defendant was a person who actually instructed and supervised the duties of his employees while working for the E company in the Yeongdeungpo-gu Seoul Metropolitan Government D1st floor, and the victim F (V, 26 years old) was a person who was represented by the above company.

At around 22:30 on February 15, 2013, the Defendant: (a) returned home first with the victim and customer staff I, and (b) had the victim and customer staff I am home in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with the intent to rape the victim under the influence of alcohol.

Therefore, the Defendant tried to put the victim under the influence of alcohol on the part of the victim's body, off the part of the victim's body, and rape the victim. However, for about 5 minutes, the Defendant tried to set the victim's body and resist the victim's body while keeping the victim's body, and attempted to flee out of the room, and thereby, the Defendant was able to take part in the victim's pleblurging room which requires a treatment for about 14 days, with an uneasiness in need of a stability rate for about 2 months, and the Defendant was able to take part in the entrance part.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Reasons for religion under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] and the scope of bodily harm caused by sex crimes shall be subject to at least 13 years of age, general rape (special rape) - Where the results of bodily harm have occurred but a basic crime has been attempted, non-conforming to punishment - an aggravated factor: serious injury (the scope of recommendations).