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 September 11, 2017, the Defendant, at around 30 on September 11, 2017, 1510, d building 1510, the Defendant, a defendant's house located in Seodaemun-gu Seoul Metropolitan Government, carried the victim E (n, 26 years of age) at his own house, placed the victim E (n, 26 years of age) on her house, placed the victim's panty, kid by the victim's panty, stored the knive part in the victim's panty, and laid the finger into the part of the victim's knive part.

Although the Defendant continued to be off the clothes of the victim and tried to insert the Defendant’s sexual organ into the part of the victim’s sound, the Defendant was not able to realize that intent with the wind of the victim.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation reports (victims and suspect genetic appraisal reports);

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification, etc.);

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 fact that the defendant has no record of being punished for the same kind of crime before committing the instant crime, the fact that the defendant has no record of being punished for the same type of crime, the registration of personal information of the defendant, and the lectures of sexual assault treatment can have

In light of all circumstances, such as the defendant's age, family environment, social relationship, etc., the effects of sexual crime prevention can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may suffer.