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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around August 13, 2012, the Defendant drinked alcoholic beverages with C in a mutual influent drinking house located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and then went together with C at around 00:08, August 14, 2012. At that time, C demanded the Defendant to have sexual intercourse with the Defendant, but the Defendant was in the heading room. At that time, C had attempted to rape with the Defendant by pressureing resistance, such as tearing her face, tearing her finger and clothes, or caused injury to the Defendant.
Nevertheless, on August 16, 2012, at the Seocheon-gun, Seocheon-gun civil petition office of the Seocheon Police Station located in Seocheon-gu, Seocheon-gu, Chungcheongnam-do, and around 00:08 on August 14, 2012, the defendant tried to rape by suppressing resistance, such as humping a face face, humping, huming humf, and tearing hum and clothes, for the purpose of having C be subject to criminal punishment. However, the defendant escaped and attempted to rape at the left-hand part of the defendant requiring two weeks medical treatment.
“Along with the filing of a complaint to the effect that “A” was submitted, and the statement was made to the same effect in the investigation of the Seocheon Police Station and the criminal team office at around 17:29 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol of examination of the police in relation to the case No. 2012-type and No. 7701 of the Daejeon District Prosecutors' Office; and
1. A copy of the complaint filed in the cases of 2012-type or 7701 of the Hongsung District Prosecutors' Office in Daejeon;
1. Application of Acts and subordinate statutes to investigation reports (report accompanied by related non-prosecution decisions);
1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The scope of the grounds for sentencing under Article 62-2 of the Social Service Order Act: The scope of the recommended sentence according to the sentencing guidelines not exceeding 10 years of imprisonment [the type of crime], the general and special persons who are sentenced to the punishment.