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

On August 21, 2013, at least 21:00, the Defendant tried to rape the victim by assaulting the victim's resistance by putting the victim's fingers on the part of the victim E (at least 45 years of age), putting the victim into the inside of the victim's mouth by coercioning the victim's right, and neglecting the victim's right of resistance by assaulting the victim's right of resistance, such as "one defect ......... one defect in mind", while the Defendant tried to rape the victim, the Defendant did not come out of the wind of resisting the victim, such as pushing the Defendant at his hand, but did not go through the attempted crime, and thereby, the Defendant inflicted injury on the victim, such as the part of the lower part, the part of the lower part requiring two weeks medical treatment, and the part of the victim's blood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate of injury, or photograph of injured part;

1. Application of statutes on site photographs;

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

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. Article 16 (2), (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. Determination as to the assertion by the accused and the defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the main text of Article 49(1)2 and (3), and Article 50(1)2 and the main text of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical disability.

(b) The degree of injury suffered by a victim is minor and does not constitute the crime of rape and bodily injury.

2. Determination

A. Determination as to the defectiveness or mental disability.