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

Around August 2019, the Defendant was aware of the victim B (a person, 59 years of age) and his family in the horse race track located in Jeju-si around 2019.

Around 07:50 on April 6, 2020, the Defendant demanded a sexual relationship to mean "one-time defect" to the victim at the victim's residence in Seopopo City C building and the Defendant's residence in Seoposi, and the victim's family in D, but the victim's refusal to do so thoroughly, the victim's resistance was laid on the victim's body, and the victim's bucks over the victim's resistance, and tried to insert his sexual organ into the victim's sexual organ at the victim's bucks place.

However, the defendant's statement from the victim that "I am off, I am off, I am off, I am off, I am off, I am out, and the victim's escape out of the place of residence was not the intention of escape and attempted.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the 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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the Defendant cannot be readily concluded that there exists a risk of recidivism or recidivism of sexual assault due to the lack of criminal records; the Defendant’s personal information registration against the Defendant and taking lectures in treatment of sexual assault can be expected to a certain extent to prevent recidivism.