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

The defendant went to the drinking house "C" located in Bupyeong-gu Incheon, Incheon, after drinking the defendant's friendship and drinking, the defendant left the drinking house with the victim D (the name, the 34 years old), i.e., the victim's drinking at the defendant's house, proposed the victim's drinking at a more drinking time, accepted it, and led the victim to become the defendant's house.

1. The Defendant attempted rape: (a) around 10:00 on February 24, 2017, at the building of Bupyeong-gu Incheon, Bupyeong-gu E and the Defendant’s house located in F, lying the victim into the room floor; (b) the victim “to be informed of, and to be forced to be informed of, the victim’s resistance”; (c) the victim was forced to be off from the lower panty of the victim and the panty of the victim; and (d) the victim was forced to talk with the sound of the victim, but the victim was not able to resist.

2. Although the Defendant tried to rape the victim at the time and place set forth in paragraph 1, such as paragraph 1, at the time and place, the victim complained of the victim’s resistance to the rest.

The Defendant demanded that the victim continued to have a sexual relation with the victim in the toilet, and the victim stated that the victim "Cam Ba," and attempted to flee out of the toilet, but the Defendant had a Handphone, bags, and shoes before the toilet, and did not go out of the house of the above Defendant 10 minutes since the Defendant had a Handphone, bags, and shoes.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made in D (tentative) among the suspect interrogation records (one-time described) against the accused in the prosecution;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to report internal accidents (the investigation of CCTVs in suspect residence, and the investigation of CCTVs in bus stops);

1. Relevant legal provisions concerning criminal facts, Articles 300, 297 of the Criminal Act (the point of attempted rape) and Article 276 (1) of the Criminal Act (the point of confinement and choice of imprisonment) of the same Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).