Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

At around 23:30 on March 14, 2019, the Defendant tried to rape, such as cutting off the victim C (the name of the Defendant, the 19-year old age) on the front road B in Seongbuk-gu, Seongbuk-gu, Sungnam-si, with a view to leaving the victim C (the name of the Defendant, the 19-year old age) into the nearby D 4 Ethel F, and inserting the panty and panty, but the Defendant was not able to have the wind.

Accordingly, the Defendant attempted to rape the victim by taking advantage of the state of mental disorder, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation report (the confirmation and attachment of teleCCTV images), investigation report (Attachment of a response to a request for appraisal), requests for appraisal, and application of the Acts and subordinate statutes on the request for appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order

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 notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, it is difficult to readily conclude that the Defendant has no record of punishment for a sex offense; personal information registration of the Defendant and an order to attend a sexual assault treatment can be expected to have an effect of preventing re-offending even with the Defendant’s age, character and conduct, environment, motive and consequence of the crime; circumstances after the crime was committed; and the disadvantages and anticipated side effects of the Defendant.