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 and the victim C(the age of 25) are booming through Internet hosting around about 10 years, and they are known to each other.

Around 18:00 on February 8, 2015, the Defendant met the victim with drinking together, and subsequently, the victim was put the victim into the Defendant’s house by placing the victim into the Defendant’s DM3 car.

During that process, the defendant discovered that the victim was locked while being her seated, and used it to have sexual intercourse with the victim.

At around 22:00 on the same day, the Defendant parked the said car on the side of the Busan apartment 82-55, a monthly village of the city of Kimhae-si, which is located in 82-55, and then suck back after the victim’s seat.

Then, the Defendant: (a) exceeded the victim’s panty and panty; (b) exceeded the victim’s panty; and (c) tried to have sexual intercourse with the victim’s sexual organ with the victim’s panty ties listed above the victim’s body by deceiving the victim’s sexual organ; (d) however, the Defendant renounced the crime by expressing the victim’s intent of refusal, such as “Is and Ma” in the lock.

Accordingly, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the state of impossibility to resist, but was attempted to commit the crime by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the victim C;

1. 112. List of reported cases;

1. Voluntary report;

1. Investigation report (as to the suspect and the victim on the day of the case), investigation report (as to the confirmation of the contents ofCCTV video recording);

1. Application of Acts and subordinate statutes to report internal investigation (on the spot stuff), internal investigation report (in relation to attachment to the contents of conversation between a suspect and a victim Kakao Stockholm);

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. The sentencing under Article 62(1) of the Criminal Act is as follows.