A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The defendant is under the supervision of C middle school women's axis department, and the victim D (V, 22 years old) is the cocoin of the same school.

1. On December 17, 2014, the Defendant forced indecent act committed an indecent act with the victim by providing meals with the victim on the road located in Ma in lightyang-si, and by moving the place, the Defendant committed an indecent act with the victim by forcing him/her to wear his/her shoulder, while moving the place.

2. The Defendant, at around 23:00 on December 17, 2014, attempted quasi-rape, in light of the victim’s room located in the C middle school axis room located in E, and the victim was able to engage in sexual intercourse with the victim’s clothes after being imprisoned by taking the victim’s sleep, but the victim was unable to escape from a locking body and bring the victim out of the locking body, thereby doing so.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 300, 299, 297 of the Criminal Act (the point of attempted quasi-rape) and Article 298 of the Criminal Act (the point of forced indecent act and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed for the attempted quasi-rape with heavier punishment);

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 Article 16 (4) of the Act on Special Cases concerning the Protection and observation, community service order and the Punishment, etc. of Sexual Crimes;

1. The defendant has no record of criminal punishment prior to the exemption of the disclosure and notification order of this case, the defendant's mistake recognized and reflects his/her mistake, and the crime of quasi-rape is committed in the attempted crime.