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

Punishment of the crime

On March 18, 2014, the Defendant got the victim D (n, 29 years of age) in the “Eju shop” where the victim D (n, 29 years of age) in the Gu Government-si, to get the victim into the vehicle of the Defendant’s driver, and got the victim to get into the vehicle of the Defendant’s driver, and then, at the frequency of mutual influenites located in the Gu Government 2 Dong, the Defendant would drink with the victim while drinking together with the victim on the same day at 04:10 on the same day.

In the above Moel room, the Defendant got the victim of the defect that the locked she was about to move out of the room, led the victim's her scam, cut off the scam, knee, knee and tried to rape the victim by inserting her hand in the inner clothes, but did not bring the victim's scam, and did not go against her will, but did so. In the process of fighting with the victim who resisted his body, the Defendant suffered injury, such as cutting the scam of the sckes, which requires approximately four weeks of medical treatment, by the victim.

Summary of Evidence

1. The defendant's partial statement (the statement that the victim rejected the defendant's refusal of sexual intercourse while entering the criminal scene with the victim at the time and time when the crime was committed);

1. Examination protocol of the accused by prosecution;

1. Each legal statement of witness D and H;

1. A medical certificate (four weeks of full-time treatment), and a detailed statement of treatment;

1. Application of Acts and subordinate statutes to on-site CCTV recording photographs, CCTV recording photographs, one CD storage CD, and investigation reports (preparation and reporting);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Judgment on the assertion of the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.