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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 16, 2014, around 07:30 on August 16, 2014, the Defendant talked with the victim E (n, 39 years of age) in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, with the victim E (n, the Defendant met the left chest part of the victim's clothes, and the victim met the victim's chest again with his/her clothes despite his/her roots.

Then, the Defendant: (a) had a mind to have sexual intercourse with the victim; (b) had the victim’s body “I wish to have the victim’s body”; and (c) had the victim’s panty by inserting his hand; and (d) had the victim’s panty enter the victim’s panty; (b) had the Defendant enter the victim’s singing room, “Is the victim’s singled with the victim’s head by drinking the victim’s head; and (c) had the victim go against the wall by drinking the victim’s head; (d) the victim did not escape from the sing room and did not realize the intent.

As a result, the Defendant attempted to rape the victim while attempted to commit rape, and during that process, the Defendant saw the victim as a buckbuck paper and part of the elbbow part in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

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 an order to disclose or notify information, and Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse cannot be readily concluded that the Defendant has a risk of recommitting a sexual crime since there was no record of committing the sex crime before the instant crime, and thus, it is difficult to readily conclude that the Defendant