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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:20 on October 8, 2016, the Defendant: (a) 20, in the victim D (n, 53 years of age) room in the E dan bar room in the operation of the victim D (n, 53 years of age) in drinking water; (b) had a drinking remaining after drinking alcohol with the victim; and (c) had been able to engage in drinking together with the victim; and (d) had been able to rape the victim.
The defendant confirmed that there is no other person within the above main point through the dum cresh of the victim's side, and then tried to put the victim on the knife by hand on the knife the knife of the victim, and to put the victim on the knife the knife, so that the victim can knife the knife with the knife with the knife of the victim, and the victim cannot knife the knife with the knife with the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife the knife of the victim's knife, but the knife did not reflect the victim's knif.
Accordingly, the defendant attempted to rape the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Recording notes;
1. Application of victim DNA gathering photographs, clothes, and field pictures and statutes;
1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.