A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who drinks alcohol with the victim and first becomes aware of the victim at the main point where the victim C(n, 20 years of age) works as an employee.

1. On February 19, 2015, the Defendant attempted to commit indecent act by compulsion, according to the victim who had worked at the above main point, and around 05:00 on February 19, 2015, the Defendant sited in the stairs front of the coffee shop in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and knife the victim with his hand while smoking together with the victim, and forced the victim to commit an indecent act by forcing the victim to wear close to the victim, but the victim attempted to avoid and rear it.

2. On February 19, 2015, the Defendant: (a) around 06:00 on February 19, 2015, the victim was “a person with a thickness”; (b) but (c) the victim refused it, and (d) led the victim to the telecom with his/her hand, with his/her her neck cut off.

The Defendant, after suppressing the victim’s resistance as above, attempted to commit rape by taking the victim into the guest room and having sexual intercourse with the victim. However, the Defendant attempted to restrain the victim’s employee from committing an attempted crime at the wind to restrain the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, H, I, and J;

1. Kakaox;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 298, and 300 and 297 of the Criminal Act concerning the choice of punishment;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Aggravation of concurrent crimes with punishment determined for a crime of attempted rape with heavier punishment);

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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.