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

Punishment of the crime

1. 강간치상 피고인은 2014. 8. 26.경 ‘즐톡’이라는 휴대전화 채팅 어플을 통해 피해자 C(여, 32세)를 처음 알게 되어, 같은 날 22:30경 영주에 있는 피해자의 집에서 함께 술을 마시게 되었다.

Around 01:30 on August 27, 2014, when the Defendant listened to the victim’s words “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

As a result, the Defendant suffered injury to the victim, such as fluoral dysium and tensions that require treatment for about two weeks.

2. The Defendant: (a) attempted to rape the victim on the same date and at the same place as mentioned in paragraph (1) above; (b) attempted to report to the police by using a mobile phone; and (c) committed a theft of two mobile phones in excess of the total market price of the victim’s ownership, which the victim used in his/her hand, and 2 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to C;

1. Application of Acts and subordinate statutes to descriptions of internal investigation reports, internal investigation reports, and medical reports, as well as to images;

1. Relevant Articles 301, 300, 297 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts and the choice of punishment;

2. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;