A defendant shall be punished by imprisonment for not less than one year 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

around 06:20 on August 20, 2017, the Defendant: (a) 706 of “ Hotel D” in Jinju-si, Jinju-si, for drinking alcohol together with the victim E (at 16 years of age) and his/her relative, and was getting off the elevator on three floors in order to smoke the victim who want to return home; and (b) was able to rape the victim.

The Defendant: (a) laid the victim under the influence of alcohol into a balcony at the end of the third floor’s corridor; (b) laid the victim’s chests, etc. on the top of the flower; and (c) laid the victim’s chests, etc. on his/her panty by hand; (d) laid off the victim’s panty; and (d) tried to have sexual intercourse by inserting his/her panty and panpanty into the part of the victim’s sound; and (d) tried to have his/her panty, she exceeded the victim’s body, and inserting the victim’s sexual organ into the part of the victim’s sound. However, the Defendant’s sexual organ increased, which led to the increase in the victim’s body, did not lead to the Defendant’

Accordingly, the defendant had attempted to have sexual intercourse with the victim by using the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records and CDs made by the victim E;

1. Confirmation of the person who has fingerprinted the result of appraisal of the crime scene, written appraisal and fingerprinted quasi-rape;

1. Written response to the results of appraisal;

1. Application of the Acts and subordinate statutes on CCTV CDs to a criminal investigation report (Attachment of data on the whitening ofCCTVs) and to capture each CCTV image;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7 (6), (4), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 297 of the Criminal Act concerning the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 2 and Article 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (which is acknowledged as being reasonable in light of the characteristics of the juvenile as a juvenile)

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

1. Article 21 (2) and (4) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to orders to attend lectures and orders to provide community service and to provide community service orders;