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

On May 9, 2019, the Defendant, at around 03:10 on May 9, 2019, at one entertainment drinking house, “△△△△△△△△△” of the 8th floor of the building B of Gangseo-gu Seoul Metropolitan Government, sent the victim C (the 29-year age), who is an employee, and drinking alcohol, was faced with the victim’s chest who was under the influence of drinking and drinking alcohol, and was exposed as soon as possible to the victim’s chest, and then was exposed to the victim’s knife by hand.

Since then, the defendant was trying to be exempted from panty by inserting his hand into the panty of the victim, and the victim "I am out of the victim's panty "I am spher spherb??" The defendant was forced to leave the victim's panty with his hand and prevented the victim from resisting one's panty with his hand, and then the victim was in sexual intercourse with the victim, and the victim did not come to the wind that the defendant sphersphered and cut.

As a result, the defendant tried to rape the victim, and tried to take care of the victim for about two weeks, and tried to kill the victim for a long time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Some statements made by the police and prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. C’s statement;

1. Photographss of damaged parts, written diagnosis of injury, 112 reported case processing records, and each recording book;

1. Investigation reports (verification of CCTV images recorded at the scene of occurrence) and the application of Acts and subordinate statutes concerning accompanying data;

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

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information.