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.

Punishment of the crime

around 05:00 on October 14, 2016, the Defendant was able to teach the victims D (V, 24 years of age) with approximately one week around 2013 in the vicinity of Yongsan-gu Seoul Metropolitan Government C Station.

The defendant is willing to move to the house of a drunk victim.

In addition to the victim's house in Yongsan-gu Seoul Metropolitan Government, the victim was faced with the victim's own entrance by taking advantage of the victim's condition, and the victim was faced with the victim's hand, and the victim's shoulder was stored in his/her arms.

Defendant 1 sent his mind to the victim with physical contact as above and had sexual intercourse with the victim.

The Defendant, in front of the victim’s house gate, sent the victim’s chest, demanded the victim to leave the telecom, but the victim refused to leave the telecom, placed the victim on the front stairs, forced him to put the victim into the gate, and exceeded the victim’s seat.

피고인은 피해 자가 바지를 붙잡고 발버둥을 치자, 피고인의 바지와 속옷을 내린 다음 피해자의 얼굴에 피고인이 성기를 들이댔다.

In order to get off the victim from the victim's body and return the victim's body to the defendant, and the defendant followed the victim to put the victim into her her elel.

The defendant tried to rape after suppressing the victim's resistance as above, but the victim's extremely resisted and reported to the police.

The intention was not achieved by the wind, but was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to written appraisal;

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 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;