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.

A. The Defendant, who committed the crime, was the victim C (n, 41 years of age) and the elementary school alumni, and around February 19, 2014, at an elementary school alumni conference, she met the victim with D and E, a group of other dong-scams, and her drinking together with D and E, a group of the victim and E.

In this process, D was placed on the clothes of the defendant, and the defendant entered D's house with the victim and E in order to prompt the clothes, and she was placed on the bed, and she was drinking together with E at the bed.

around 05:00 on February 20, 2014, the Defendant drinking together, at the house of Seongbuk-gu Seoul, 9*3 Dong***, while drinking together, at around 05:00.

E이 출근을 위해 D의 집을 나가고, D은 술에 만취하여 계속 잠이 들어 있는 것을 기화로 피해자를 강간할 것을 마음먹고, 침대 옆 소파에서 잠들어 있는 피해자를 안아 침대 위에 눕힌 다음 피해자의 다리 위에 앉아 피해자의 다리를 누르고, 피해자에게 키스를 하려 다가 피해자가 “ 하지 말라” 고 소리치며 피고인의 양손을 밀치고 고개를 돌리자, 피해자의 귀와 목 등을 혀로 핥고 피해자의 바지를 벗겨 강간하려고 하였으나, 피해자가 완강히 저항하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness C and D in the second public trial protocol;

1. Application of Acts and subordinate statutes governing agreements, G message and G message pictures;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a sex crime committed against a criminal defendant);