A defendant shall be punished by imprisonment for not less than one year and six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 17, 2020, around 19:30, the Defendant stated “F” in the instant indictment at the Changwon-si’s flive flock flives of the window flives of Changwon-si. However, according to the description of pages 69-82 of the evidence record, the Defendant’s correction is made “C” as it is obvious that the Defendant is a clerical error.

And the victim D (one, half, 39 years of age) who is the seat of C had drinking together with the first met and returned home.

피고인은 2020. 4. 18. 00:05경 창원시 의창구 “E상가” 지하 1층에서, 피해자에게 대리기사가 올 때까지 기다려주겠다며 피해자의 승용차에 탑승한 뒤 피해자의 스타킹과 속옷을 벗기고 피해자의 양 허벅지를 손으로 잡아 움직이지 못하게 한 뒤 피해자의 음부를 핥고 자신의 성기를 피해자의 음부에 삽입하려고 하였으나, 피해자가 피고인을 밀치고 발로 차는 등 반항하여 그 뜻을 이루지 못하였다.

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss and CDs by capturing CCTV images at each police station’s protocol of statement against D or C;

1. Application of Acts and subordinate statutes to a gene appraisal report, a medical certificate of injury, and a photograph of the body part of the victim;

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;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the former child or juvenile.