A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who operates the “Dju” located under C underground at the prime city.

On June 29, 2015, around 02:30 on June 29, 2015, the Defendant: (a) laid off the victim E (here 20 years of age) who had been a customer to the said D key point with alcohol, with the fact that the victim’s her panty of the victim was drunk, went off the victim’s business, entered the Gelel 307 located in F at the prime city, and tried to have sexual intercourse with the victim out of the victim’s panty of the victim up to the opia; (b) did not reach the sexual intercourse with vehicles and horses

As above, the Defendant attempted to have sexual intercourse with a victim who is in a state of impossibility to resist due to the state of her ability to resist, and had attempted to commit the crime by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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) of the Act on Special Cases concerning 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 Disclosure Order and Notification Order; 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’s age, occupation, family environment, criminal record, and risk of recidivism (no same kind of crime) recognized as recorded; and the benefits and preventive effect expected by the disclosure order or notification order of this case; and any disadvantage and side effect resulting therefrom, it is deemed that there is a special circumstance that the disclosure or notification of the Defendant’s personal information shall not be disclosed or notified] where a conviction becomes final and conclusive on the crime committed in the judgment on the registration of personal information.