A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 19, 2017, around 00:10 on April 19, 2017, the Defendant walked along the street in front of the D convenience store located in Jeju, after reporting the victim E (n, 23 years old) and driving away, and the Defendant “a person who drinks alcohol at the same time,” and the victim did not want to do so.

Refusal and felping of the victim, the victim's own khing of the knife, the knife of the victim, the knife of the knife of the victim, the knife the victim's knife into a G restaurant in F in the Jeju city where knife the victim's knife, knife the victim's knife, knife the victim's knife with his knife, knife the victim's knife with the knife, knife the knife, knife the victim's knife, and knife the knife, and the knife of the victim's knife, and tried to rape the victim's knife by inserting the victim's k's knife, but the victim did not commit it out.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification, etc. of CCTV images around the site of this case);

1. The Defendant and the defense counsel asserted that the Defendant was physically and physically under the influence of alcohol at the time of the instant crime. However, in light of the content of the instant crime, the Defendant’s act committed before and after the instant crime, etc. acknowledged by the foregoing evidence, and the Defendant’s act committed before and after the instant crime, there was a lack of ability to discern things or make decisions at the time of the instant crime.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Criminal facts;