A defendant shall be punished by imprisonment for two years.

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 October 16, 2016, from around 07:30 to around 08:30, the Defendant exceeded the clothes of the victim E (at the time of committing the crime, 18 years old) who was locked under the influence of alcohol from the DNA 706, located in Seo-gu Daejeon, Seo-gu, Daejeon, and attempted to put the Defendant’s sexual organ into the part of the victim’s sound.

Therefore, the victim who was shouldered in the lock, i.e., sound and resistance, and the defendant prevented the victim from suffering with one hand, and tried to rape by inserting his sexual organ into the part of the victim's sexual organ continuously after suppressing the victim's resistance, such as cutting the victim's trees with one hand, etc., but the victim failed to commit an attempted rape by inserting the sexual organ into the part of the victim's sexual organ until the victim ends.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Arrest reports on the occurrence of the case, and investigation reports on each case (the attachment of damaged photographs to the victim and the CCTV investigation to install DNA);

1. Consent forms for victims of sexual assault, medical records for victims of sexual assault, etc.;

1. A response to a request for appraisal (2016-c-922);

1. Each photograph;

1. Application of CD-related Acts and subordinate statutes

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the defendant is the initial offender, and the defendant's age, occupation, family environment, social relationship, etc. recognized in the record can prevent re-offending even if the defendant's personal information and participation in a sexual assault treatment program can be prevented;

8.3.