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

At around 11:00 on May 12, 2013, the Defendant completed the victim E (n, 57 years of age) and meals at the 3st room of the “D” restaurant located in Yangju-si, and tried to rape the victim. As a result, the Defendant got out of the victim’s body and attempted to have sexual intercourse with the victim by gathering the victim’s sound through a terphone installed in the wall of the said restaurant room, and cutting off the victim’s sound to the female employee and the restaurant in the name of the cafeteria, which led to the attempted crime, and resulting in the victim’s injury where approximately two weeks of treatment is needed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigations 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 (hereinafter referred to as the following grounds for sentencing), which is advantageous to the suspended sentence;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply);

1. Where the result of a general rape (a special-speed person) (a special-speak person) has occurred when the result of an injury to a sex offense has occurred, one year and three months to five years of imprisonment, where the occurrence of the result of an injury to a sex offense is an attempted crime, and the basic crime is an attempted crime, a minor injury, a non-speakment of punishment (a mitigated element) [a range of recommending punishment] or a fine

2. The first offender who has no record of criminal punishment; the defendant recognized all of the crimes of this case and reflects it; and the defendant also brings the victim who works in the same workplace and has reached several times.