A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On October 26, 2012, at around 04:00, the Defendant, along with the victim D (n, 18 years of age), who was a juvenile in the area located in the area located in the area located in the area located in the area located in the city located in Busan, Seo-gu, Busan, and performed drinking, and the Defendant was able to resist with the victim by drinking alcohol, and the victim was forced to resist the victim's chest by cutting off the victim's spos and pansty with the victim's spos and pans, leaving the victim's spos and pans, and committing rape. However, the Defendant attempted to resist the victim's spores and pans."

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to investigation reports (as to the CD attachment);

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 7 (6), (4) and (1) of the Criminal Act concerning the relevant criminal facts and Article 299 of

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 13 (1), (2), and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Articles 38(1)1 and (3), 38-2(1)1 and 38-2(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse [limited to the applicable sentencing range] of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime committed from 2 years and 6 months to 15 years [whether or not the sentencing criteria are applied] shall not be applicable to such attempted crimes.

[Determination of Sentence] The crime of this case 3 years of imprisonment with prison labor and 5 years of suspended sentence is about attempted rape with the victim who was aware of his usual mind, and the victim tried to commit rape with the victim under the influence of alcohol. In light of the circumstances of the crime, method of the crime, etc., the crime is not very good, and the victim, the juvenile, due to the crime of this case, suffered a sense of sexual humiliation as well as considerable mental suffering.