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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 00:30 on April 18, 2013, the Defendant: (a) demanded a sexual intercourse with the Victim F (M, 39 years old) who was in a room 302 “E” located in Daejeon Pungdong-gu D; (b) however, he had the intent to rape the victim upon refusal.
First of all, the defendant exceeded his clothes, and tried to be forced to get off the victim's clothes. However, the defendant was removed from the victim's clothes in addition to the victim's clothes, and some of the clothes were teared on the wind which the victim resist.
At around 01:32 on April 18, 2013, when the above telecom employee brought the beer ordered by the Defendant, the above room door was opened, and the victim tried to get out of the room to get out of the room, but the defendant was driving away from the panty forest and pushed out the victim into the above room.
On April 18, 2013, at around 01:38, the Defendant again put a victim who wants to get out of the above room and get out of the elevator, thereby pushing the victim into the above room, and attempted to have sexual intercourse with the victim within the above room, but the victim has retired from the wind to the port of resistance.
As a result, the defendant tried to rape the victim, but did so, and as a result, the victim suffered bodily injury, such as dynasium, tension, etc., which requires approximately two weeks medical treatment.
2. From around 00:30 on April 18, 2013 to 06:24, the Defendant detained the victim by preventing the victim from leaving the above room for about six hours, such as putting the victim, who seeks to escape outside the above room over two occasions, such as the preceding paragraph, and placing him/her into the room.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the injury diagnosis certificate, photographs of the damaged part of the victim, investigation report (the victim's counter-investigation, etc.), and CCTV-related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Articles 301 and 300 of the Criminal Act concerning the selection of criminal facts;