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

At around 05:50 on December 8, 2014, the Defendant moved the victim D (n, 19 years of age) who became aware of through a mobile phone hosting c, to a "FMoelel E located in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, to a "Fmomotoel E" at the victim's body, and tried to do sexual intercourse at the guest room No. 207, in mind of engaging in sexual intercourse with the victim, such as raising his arms and legs above the victim's body.

Therefore, when the victim refuses to do so while stating that "on the bridge, I will be reported to the police," the defendant tried to engage in sexual intercourse with the victim with the victim in mind that he would rape the victim, the defendant told that "I will be fright to fright to fright to fright to fright to fright the victim's breath with his hand, and fright the victim's breath with his hand, the victim's head breath, the victim's body from the bed, the victim's body from the bed, and the victim's body from the bed, and the victim's body from the bed and frighted in the same way, and tried to have sexual intercourse with the victim by suppressing the victim's resistance.

However, the victim stated that he would be able to consider in the toilet whether he will sexual intercourse or not, and sent him to the toilet, followed the gap in which the surveillance of the defendant was neglected, and went away from the toilet and went out of the guest room, and thereby, the defendant attempted to rape the victim but attempted to commit rape.

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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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 committed;

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 a notification order; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;