Defendant shall be punished by imprisonment for a term of one year and six months.

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 August 4, 2015, at around 03:00, the Defendant discovered that the victim D was locked from the head of the passenger car operation of the victim under the influence of alcohol at the sulfur Party parking lot located in Daegu Suwon-gu, 109-5, Seosung-gu, 109-5, and tried to commit rape.

From the above parking lot to the defendant's house parking lot in Daegu Suwon-gu E, the defendant driven the above car, and the victim was able to wear the car in the middle.

On August 4, 2015, at around 03:15, the Defendant arrived at the Defendant’s house parking lot located in the Daegu Suwon-gu, Daegu-gu, and tried to attract the victim from the train, but the victim refused to do so. However, the Defendant continued to have sexual intercourse after going on the body of the victim and coercing the victim’s resistance.

After that, the Defendant tried to open a door at the entrance of the first floor of Dora, where the Defendant was living in order to have sexual intercourse with the victim, and to attract the victim to the stairs behind the victim, but the victim failed to resist against the intent of the victim.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the investigation report (Evidence Nos. 3, 4, and 10) and CCTV photographs-related statutes;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Provisions of Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation (Attempted Disability);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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;

1. An unmarried person who has no criminal record of the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, 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.