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.

Punishment of the crime

At around 03:06 on May 11, 2013, the Defendant, at the 3rd room of “D” video room located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government C4, i.e., the Defendant left a film with the victim E (n.e., 20 years of age) who came to know at the main point of the day, i.e., knife, knife, knife, knife, and knife knife knife knife knife knife,

Therefore, the victim was not raised, "the victim was cut, sound, and resisted, and the defendant tried to rape after the victim was able to resist by drinking the face and trees in hand and walking the body with a shot, so that the victim could not resist. However, the victim did not go against the defendant, and the victim did not go against the intention, and the victim did not go against the light of the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim E prepared by the police;

1. Photographss of upper parts, CCTVs at the time, etc.;

1. Application of investigation reports (verification of the degree of harm inflicted upon the victim E and the details of damage) Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 301 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);

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 consideration shall be made again for the reason of sentencing).

4. Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the] Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] A defendant has no record of criminal punishment for the same type of sexual crime before committing the instant crime.