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 of the final judgment.

Punishment of the crime

The Defendant, who was aware of the victim D (n, 22 years of age) and the university’s rear line, was drinking alcohol on the day of the instant case by driving the Defendant’s vehicle along with the victim and playing at Incheon E.

Around 02:30 on June 14, 2016, the Defendant: (a) stated that the Defendant attempted to rape the victim, such as having her inner organ and panty in the front seat of the HM3 vehicle parked on the street around Incheon Jung-gu, Incheon; (b) stated that “I will not drive the victim unless you do so,” and “I will not drive the victim” while communicating the victim with the victim on the rear seat of the HM3 vehicle of the Defendant; (c) stated the victim’s own hand that the victim did not go against the victim’s body; and (d) prevented the victim from departing from the victim’s body; and (d) stated that “I would not voluntarily stop rape,” but the Defendant’s attempt to voluntarily stop rape on the part of the victim, stating that “I would not have any danger that I would have come from the date on which I would like to do so.” However, according to the reasoning of the Criminal Act, the Defendant’s attempt to voluntarily stop rape on the part of the victim.”

The intention was not achieved but was attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The punishment, etc. of sexual assault crimes;