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

On March 29, 2015, at around 05:00, the Defendant, while knowing that F, having known to the Defendant, was engaged in sexual traffic at G main points to G, while playing together with G H (the age of 42) and Iel, was trying to rape the drunk victim.

On March 29, 2015, around 06:30 on March 29, 2015, the Defendant: (a) opened and intruded the entrance door of a room that was not corrected at the 305 room of the said her mother, and (b) discovered the victim being under the influence of alcohol and attempted to rape on the part of the victim; and (c) prevented the victim from getting the victim’s her knife with his knife with his knife and with his knife his knife, the Defendant attempted to put his knife his knife into the knife part of the victim; but (d) did not go against the victim’s resistance.

Accordingly, the Defendant attempted to rape the victim by infringing on the victim's room, but attempted to commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of H;

1. Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 299 and 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 extenuating circumstances among the reasons for 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 and notification orders, 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 are attempted, and the Defendant has no record of being punished for a sexual crime in the past.