A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On April 24, 2016, the Defendant, at around 23:10 on April 24, 2016, tried to rape the victim D (the 23 years old), who returned home in front of a vinyl located near Macheon-si, with the intent of preventing the victim from suffering by one hand, and preventing the victim from suffering by other hand, while drinking the victim's chest and sound with another hand, did not bring about the victim's sound to resist and resist. Accordingly, the Defendant sustained the victim from suffering from injury, such as brain, etc., which had no two wifes who need treatment for about 21 days open.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F and G;

1. Photographs photographs of the victim and the suspect, and photographs of the body of the victim;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate of injury and result of medical treatment);

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. In light of all the circumstances, such as the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program (the defendant is not entitled to impose an order to complete program on the defendant, considering that he/she is highly likely to be forced overseas after the termination of punishment pursuant to the Immigration Control Act and the Enforcement Rule of the same Act, with the nationality of his/her mother country

[Determination]

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated 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 (including the fact that the defendant is not subject to criminal punishment within the Republic of Korea, and the background and process of the instant crime, the risk of recidivism, the defendant’s age, the environment of the defendant, the disclosure or notification order, and the expected profits and preventive effects.