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 September 20, 2013, around 11:30 on September 20, 2013, the Defendant: (a) while driving a e-car on the street near the “Dambur” located in Busan, it was difficult for the Defendant to put the victim into the said e-car by obtaining a proposal from the Victim F (F, who was under the influence of alcohol, 42 years of age).

The Defendant, when the victim on board the above vehicle was under the influence of alcohol and was unable to hold his body, driving the above vehicle into the above telecom, and thereafter, entered the victim’s business and 307 heading the above telecom, and lying the victim on the part of the beds.

Then, when the Defendant, who was locked by the victim, experienced the desire to sleep, she exceeded all clothes of the victim by taking advantage of the defective condition of the victim, under the influence of alcohol, and attempted to rape the victim who was on the body of the victim, but she attempted to commit an attempted rape by taking advantage of the damaged condition of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV photographs);

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

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), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Articles 49(1)2 and (3), 50(1)2 and the main sentence of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 1 year and 6 months to 15 years [whether or not the sentencing guidelines are applied] shall be applicable to the crime of this case, and the sentencing guidelines shall not apply to the attempted crime.

[Decision of Sentence] Two years of imprisonment, and the crime of this case for three years of suspended execution is a woman under the influence of alcohol by the defendant.