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 November 7, 2019, at around 02:10, the Defendant: (a) placed a victim D (a) who was sitting on a road in front of the exit No. C Station B located in Dobong-gu Seoul Metropolitan Government, and (b) tried to have the victim fit with the victim; (c) tried to have the victim dance; (d) tried to have the victim talk with the victim; (d) tried to have the victim talked with the victim; (e) the victim left the place at a time due to the victim’s resistance; (e) returned back to the place at a time; and (e) her chest back to the victim; and (e) tried to put the victim’s sexual organ into the victim’s entrance, but the victim resisted to have the victim’s sexual organ at his own seat; and (e) attempted to have the victim’s sexual organ, but the victim resisted and failed to commit so.

Accordingly, the defendant tried to commit similar rape, but attempted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and D;

1. Application of the Acts and subordinate statutes on the analysis of victim photographs, Cine CCTV CDs and caps, and on-site CCTV images;

1. Relevant Articles 300 and 297-2 of the Criminal Act concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 and Article 16 (4) and (4) of the Act

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Sex Offenses, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse: It is difficult to readily conclude that a defendant has no record of punishment for a sex offense, or any other general sexual crime, such as having no record of record of punishment for a sex offense, and a sentence to suspend the execution of imprisonment, and probation, to the defendant.