A defendant shall be punished by imprisonment for not less than one year and six 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

1. The Defendant attempted to rape at around 10:50 on May 23, 2012, at the 303 Domoel room in south-gu C at the port, and at around 09:30 on the same day, the Defendant did not commit an attempted rape by resisting the victim E (or 22 years of age) who first entered the said Domoel room with the consent of the victim E (or 22 years of age) before the said Domour room and viewed TV. The Defendant attempted to have the victim get off and off the panty panty pantyty so that he would have been unable to get the victim, and attempted to rape the victim, but the victim failed to commit an attempted rape, such as having the Defendant pushed the Defendant’s vessel by her launching.

2. Around 10:50 on May 23, 2012, the Defendant detained the victim, who was raped at the above location, by threatening that “I cannot leave the victim out of the room” and preventing the victim from getting out of the room. On the same day, the Defendant detained the victim more than 2:30 minutes and 30 minutes from the time of being arrested by a police officer at the Port, South-west Police Station of the Korea Coast Guard who was called out after receiving a report from the victim’s male-child-child who became aware that the victim was detained at around 13:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a list of 112 reports received and processed);

1. Relevant Articles 300 and 297 of the Criminal Act concerning the crime, the choice of punishment, and Article 276 (1) of the Criminal Act (the point of confinement and the choice of imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape and attempted rape) that are legally mitigated;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating of concurrent crimes within the scope of the sum of the long-term punishments of the crimes concerning attempted rape, which are heavier than the punishment);

1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);

1. Sexual assault under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;