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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 15, 2013, around 03:40 on August 15, 2013, the Defendant entered the victim E (at 26 years of age) who was in the first floor located in Jung-gu Seoul Metropolitan Government D's residence, and entered the said residence at the small residence, under the influence of alcohol, who was a child of the victim.

In addition, the defendant exceeded the victim's clothes and the clothes of the victim, taken the part of the victim with his hand, and tried to have sexual intercourse with the victim, but the victim escaped from the locking.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's potential to resist, but did not achieve that intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and F;

1. Each statement of the victim and the F;

1. The application of statutes to video recording and video recording files and investigation reports (for suspect A's statements);

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 30 subparagraph 2 of the Act on Probation, etc., and Article 59 (1) of the same Act;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommending sentencing criteria: The sentencing criteria of the Sentencing Committee shall not apply since the instant crime was committed in the course of attempted crimes.

3. The crime of this case committed by the Defendant is committed against his father-friendly wife.