A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 30, 2015, the Defendant: (a) around 12:40 on September 30, 2015, the victim D (the 59 years of age) located in the Geum-gu, Busan (the 59 years of age) was under the influence of alcohol to report the victim under the influence of alcohol and to rape the victim; (b) had the victim sit in the front side of the Defendant by reporting the victim’s pact while under the influence of alcohol; and (c) let the victim sit in the front side of the Defendant on the table, where the Defendant was under the influence of alcohol; and (d) forced the victim to sit in the victim’s face, kidsing the chest while putting the chest, and rhing the body further, she tried to rape by putting the victim into the panty in the panty line of the victim; (d) however, the victim she attempted to have a hump with the Defendant’s shouldering and humping the face, without having the face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Statement recording records, actual yellow survey records, and picture of the site of the case;

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 3, 10, 15)

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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 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 the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Exemptions of Notification Orders [the age, occupation, family environment, social ties, previous convictions, and the risk of recidivism of the accused, which are recognized as recorded, shall not have any criminal record, and the profits and preventive effects expected by the disclosure orders or notification orders of this case, and disadvantages and side effects resulting therefrom, etc.