Defendant shall be punished by imprisonment for a term of 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

On August 31, 2014, around 00:20 on August 31, 2014, the Defendant: (a) discovered the victim C (here, 19 years of age) returning home in the vicinity of the network town in Jung-gu Seoul Metropolitan Government; and (b) followed the victim up to the eros near the eros in the same Gu D with the intent to rape the victim.

From the above alleyway, the Defendant sawd the victim from his own rear, prevented him from spreading the stove with his hands after breaking the floor, and tried to talk with the victim's chest and sound, and exempted him from the will of the victim.

However, while the victim gets sound, the victim gets scam and scam in the vicinity, and the sound in the surrounding surroundings was not achieved by the defendant's escape and the intention was not achieved.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Inquiries about the comparative list of each photograph, card transaction details;

1. Application of investigative reporting (specific suspect), investigation reporting (victim C telephone communications)-related Acts and subordinate statutes;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration).

4. Article 62-2 of the Criminal Act and the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. There is no history of punishing a defendant as a sexual crime in the past, under Articles 47 (1) and 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, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children

In addition, the Defendant committed the instant crime against himself to avoid repeating the crime.

In addition, the defendant's age, occupation, background and result of the crime of this case, which is recognized as appearing in the argument of this case, is an order of disclosure or notification of this case.