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A defendant shall be punished by imprisonment for one year.
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
On June 11, 2019, at a permanent 06:30 on permanent 06:30, the Defendant, while drinking alcohol together with the victim D (inns, 30 years of age), had the victim feel sexual intercourse with the victim, and had the victim go on the part of the victim.
Although the Defendant attempted to rape panty in which the victim was suffering from the victim, the Defendant did not have the intent to commit rape but did not have the right to resist and resist the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Articles 300 and 297 of the Criminal Act applicable to the crimes;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation under Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the fact that the defendant has no record of being punished for a sexual crime, the defendant's personal information registration of the defendant and the order to attend a sexual assault treatment alone appears to have the effect of preventing re-offending; the defendant's age, occupation, risk of re-offending, risk of recidivism, type, motive, process, consequence, seriousness of the crime, seriousness of the disclosure or notice order, the degree of disadvantage and anticipated side effects that the defendant suffers from the order to disclose or notify the defendant's personal information, and the protection effect of the victim of the sexual crime, it is deemed that there are special circumstances where the disclosure or notification of the defendant's personal
1. Exemption from an employment restriction order;