A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On February 4, 2018, the Defendant: (a) 22:05, at the E-place restaurant operated by the victim D (V, 55 years old) in Daegu-gu, Seogu, Daegu-gu, in order to rape the victim while drinking alcohol together with the victim, and carried out a restaurant at that place.

Then, the defendant should not take the victim's hand, kid the victim into the room, kid the victim on the floor, kid the victim's body, kid the victim's body, take the victim's body up on the upper body, and hold the victim's body only once.

“In other words, one hand goes off the victim’s will and panty, and tried to have sexual intercourse with the female, but the victim has become spats and spats.

Since then, the Defendant did not go through the restaurant back, and did not go through the wind to prevent the Defendant. The Defendant did not go to the end.

As a result, the Defendant tried to have sexual intercourse with the victim, but the victim's unprestigious sium was committed by F, which entered a restaurant and became the wind to get the victim from the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D or F;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, 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 (the Defendant has no record of criminal punishment before committing the instant crime, and thus, has a risk of sexual assault and recidivism against the Defendant;

In this case, it is difficult to conclude.