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

The defendant is a restaurant in which the victim C (V, 60 years of age) was able to be a guest, and the defendant knew to each other.

On February 20, 2018, the Defendant sent alcohol to the victim with the victim at a mutually influent restaurant located one time in Ansan-gu, Anyang-si, Annyang-si, Annyang-si, and then sent alcohol to the victim’s “locked” located in the same GuD.

At around 03:30 on the 21st day of the same month, the Defendant, at around 03:30, was able to demand the victim to have sexual intercourse on the floor, but was refused from the victim, and the victim was willing to have sexual intercourse with the victim after taking the victim's head and face at hand, taking the victim's body toward the victim's head and face, but the victim failed to come to have sexual intercourse with the victim's hand, such as making a report on the victim's personal injury and reporting 112.

Accordingly, the defendant tried to rape by assaulting the victim, but attempted to commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (at the time of dispatch, etc., recording of a police officer's telephone at the time of dispatch), and the application of statutes concerning attached materials;

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 (The following favorable circumstances):

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. 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 a 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 has no record of punishment for a sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for a sexual crime

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent the defendant from repeating the crime.

that is visible; and