A defendant shall be punished by imprisonment for two years.

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 May 24, 2018, at around 04:00, the Defendant, within the main week in Yongsan-gu Seoul Metropolitan Government, tried to engage in sexual intercourse with Defendant D (the age of 23) under the pretext that it is difficult for Defendant D (the age of 23) to bring alcohol into a defective hotel under the influence of alcohol.

Therefore, at around 05:00 on the same day, the defendant moved to the Ghouse in Yongsan-gu Seoul, the defendant was scheduled to make a prior promise, but the victim refused to take up to the first floor of the hotel, and again, he moved to the above G room by using the elevator.

The Defendant, a foreign victim, had talked with a person who works for the entry into and departure from Korea, but had extended a period of one year to 4 visaes. The next week, despite the fact that “I want to go to the head of entry into and departure from Korea.” However, the victim searched the victim’s handphone to H as “I,” and took the victim’s handphone to go to H, and carried out as if the victim was a well-known person.

Nevertheless, when the victim refused to engage in sexual intercourse, the victim was unable to get the victim tightly and knickly, as he did so, and tried to have sexual intercourse with the victim by putting the victim's Cheongba and clothes attached to the Cheongba and kn's body, putting the victim's Cheongba and kn's body in resistance while continuing to be sealed and rejected by the defendant.

Accordingly, the victim did not rape the victim at the wind of the defendant, such as putting the head debt of the defendant, putting the victim to the defendant, leaving the victim to the attempted crime and leaving the hotel room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Act and subordinate statutes to investigation reports (CCTV image);

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. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.