A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 20:00 on February 28, 2014, the Defendant discovered the victim E (the age of 14) (the age of 14) who was waiting for the scambling in front of the exit No. 1 D, located in Dongjak-gu Seoul Metropolitan Government, at around 20:0, and tried to have sexual intercourse with the victim.

피고인은 피해자를 인근 식당으로 데려가 밥을 먹이고 인근 편의점에서 맥주를 마시게 한 후, 2014. 2. 28. 22:00경 서울 동작구 F에 있는 G 공원 잔디밭으로 피해자를 데려가 도망가지 못하도록 피해자의 손목을 붙잡고 “가만 있어, 조용히 해, 확 쒜려 버린다” 등으로 협박한 다음 피해자를 바닥에 눕히고 간음하려 하였으나 발기부전으로 인하여 미수에 그침으로써 아동ㆍ청소년인 피해자를 위력으로 간음하려다 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H and I;

1. The statement of the victim recorded in the video CD;

1. Application of the Acts and subordinate statutes to photographs and photographs of the criminal suspect's sexual source;

1. Article 7 (6), (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances among the reasons for sentencing shall be considered):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The registration of personal information on the part of a child or juvenile exempted from disclosure order and notification order under 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's wife did not have the same criminal record for the defendant, and the defendant's wife agreed with the victim's wife. In this case, it appears that the defendant's personal information can not be disclosed or notified to a certain extent only by taking lectures in the registration of personal information and the sexual violence therapy.