1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

On December 12, 2013, the Defendant reported the victim D (here, 31) who returned home in the vicinity of the children's park station located in 7 subway lines in Gwangjin-gu Seoul Special Metropolitan City, and followed by the victim.

On December 12, 2013, the Defendant reported that the victim entered the building located in Gwangjin-gu in Seoul Special Metropolitan City, where he was his house, and attempted to engage in sexual intercourse with the victim, by returning the victim who was shot from the first floor to the second floor, and forced the victim by forcing the victim to resisting the defendant, and when the victim resisted the defendant, the victim satisfing the victim into the part of the victim, and satisfing another hand into the part of the victim, and satisfing another hand into the part of the victim.

Accordingly, the victim went to the fourth floor of the above building where the victim's house is located after leaving the defendant, such as providing a cell phone number, etc.

However, the Defendant: (a) called the victim who was enrolled in the stairs from the third to the fourth floor, and called, “I will never see”; and (b) forced the victim to return the victim; (c) when the victim resisted the defendant while pushing the defendant, the victim resisted the defendant, and (d) led the victim to bring one hand into the victim’s inner part; (b) put another hand into the victim’s inner part; and (c) tried to have sexual intercourse with the victim by deceiving the victim’s breast part and the sound part.

However, as the victim knew of his house, the defendant voluntarily ceased to commit the crime, i.e., "I will see the next problem."

Although the Defendant attempted to rape the victim by intrusioning on a structure, the Defendant attempted to commit the crime by himself/herself, thereby having attempted to commit the crime.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV), CCTV photographs;

1. Relevant Articles on criminal facts and the punishment of sexual crimes subject to the choice of punishment;