A defendant shall be punished by imprisonment for two years.

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 25, 2013, around 04:20 on June 25, 2013, the Defendant attempted to engage in sexual intercourse with the victim by failing to resisting the victim by neglecting the victim’s horses, by neglecting the victim’s horses, even though the victim F (nive, 38 years of age) who met from “E” in “E” in Seoul Special Metropolitan City, Nowon-gu, was unable to do so. However, the Defendant did not resist the victim by completely resisting the Defendant, such as the Plaintiff’s motor vehicle, etc., and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim F;

1. Application of photographic Acts and subordinate statutes that have the body of the victim himself/herself;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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 (The following extenuating circumstances among the reasons for sentencing).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

5. In light of the facts leading to the instant crime, etc., the Defendant has no criminal record identical to that of the Defendant excluded from disclosure orders and notification orders, and the risk of recidivism or recidivism by sexual assault solely on the sole ground that the Defendant committed the instant crime.

It is difficult to deem that there is a need to impose a disposition such as disclosure notification order, which may significantly affect the rehabilitation of the defendant.

Therefore, inasmuch as it is deemed that there are special circumstances to prevent Defendant from disclosing personal information under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies mutatis mutandis under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the disclosure order and notification

The reason for sentencing was that the defendant tried to rape the victim first on the day of the crime of this case, and the victim is in the process.