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

Punishment of the crime

1. Around November 23, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) committed sexual intercourse under the agreement with the victim E (VD) who became aware of the “DVD room” in Gwangju-si, Gwangju-si through the Internet SNS website at around 15:00 on November 23, 2016, while taking the cell phone into the left hand and taking the body of the victim into the cell phone camera and taking another work.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual humiliation against his will.

2. The Defendant attempted to rape: (a) at the time and place specified in paragraph (1); (b) resisting that the injured person taken the body above, and resisting that person’s sexual intercourse; (c) in order to meet the sexual intercourse, he/she had his/her clothes with the intent to rape the victim; and (d) put the victim’s arms in his/her arms in his/her arms with his/her hand; and (c) attempted to put the Defendant’s sexual organ into the part of the victim, while she had a face-to-face talking the victim’s entrance; (d) the victimized person did not put the Defendant’s sexual organ into the part of the victim; (e) although he/she sawd the victim in his/her arms, he/she did not commit rape with the wind of the victim, she did not harming the victim by sound, and harming the Defendant

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting an offense, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc. and the selection of a sentence of imprisonment);

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the attempted rape with heavier punishment);

1. Article 62 of the Criminal Act: