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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2013: (a) around 13:15, the Defendant: (b) had a toilet located on the first floor of the building “Eart” in order to see the base of drinking and drinking alcohol at the instant drinking house near the Yeongdeungpo-gu Seoul Metropolitan Government “Eart”; (c) had the victim F (V, 48 years of age) entered the toilet, and had the victim feel to rape.

After divinging the entrance door that the Defendant entered the toilet, the Defendant was waiting for the victim, and the victim was trying to keep the victim’s eye from the roadside for women’s use, to prevent the victim’s eye with his left hand, and to be left from the chest, and attempted to commit rape on the part of the victim’s body after suppressing the victim’s stroke, leaving the victim’s neck back to the stroke floor, suppressing the victim’s stroke, and attempted to commit rape on the part of the victim’s body. However, the Defendant did not go to the “Emart” staff G, who heard the victim’s unstroke, and did not perform such intent.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. G statements;

1. A report on investigation;

1. Application of Acts and subordinate statutes to on-site photographs, damaged photographs and written expert opinions;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that is favorable to the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Training;

1. Period of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The sentencing criteria for the crimes of attempted rape shall not be taken into account as they are not in place; and

: Imprisonment for one year and six months, probation, probation, and an order to attend a sexual assault treatment program for 40 hours;

3. The Defendant entered a toilet to rape the victim who was married in the toilet and then covered the victim after locking the door to prevent the victim from escape, and the victim resisted against the victim.