A defendant shall be punished by imprisonment for not less than one year 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

At around 01:00 on October 31, 2018, the Defendant: (a) while drinking alcohol with the victim D (tentative name, 24 years of age) first known at the drinking place with the persons prior to the preceding day at the Defendant’s residence in Jeju-si Btel C, the Defendant tried to commit rape after having the victim’s will and panty by getting off the victim’s bar and panty off the victim’s bar; (b) having been serving the beer with the beer and panty while having been serving the victim, the Defendant did not attempted to commit rape by getting the victim from the victim’s bar and panty to the point of leaving the victim’s resistance significantly difficult; but (c) the Defendant did not have attempted to commit rape by having the victim s/he left the said officetel due to the routing on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Related photographs;

1. Application of Acts and subordinate statutes to each investigation report (including photographing letters requested by a victim to help his/her branch, and attaching CCTV-related photographs and files);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. An order to disclose, notify, or order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, is difficult to readily conclude that the Defendant has