However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

1. Indecent acts by compulsion;

A. On July 14, 2013, at around 13:20 on July 14, 2013, the Defendant found that the Defendant’s residence located in Daegu Dong-gu, Daegu-gu, the Victim D (Min, 63 years old), who is a household member, was committing an indecent act by force on both chests of the victim after the victim’s second hand.

B. At around 13:50 on July 14, 2013, the Defendant continued to commit an indecent act by force by deceiving the said victim’s chest in the same manner as above at the same place.

2. Around 15:05 on July 14, 2013, the Defendant forced the said victim to commit rape and damage property: (a) committed an indecent act on the part of the said victim; (b) committed a defect that the said victim tried to have home and come home at the same place; (c) led the said victim’s timber to be taken off on a bit lease; (d) failed to resist the said victim’s body; and (e) obstructed the said victim’s rape; (b) caused the said victim to resist and attempted rape; and (c) destroyed a cellular phone with which the market price of the said victim’s possession is unknown on the grounds that the said victim resisted.

Accordingly, the defendant attempted to rape the victim, and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 300 and 297 of the Criminal Act, Article 298 of the Criminal Act, and Article 366 of the Criminal Act (the point of attempted rape), Article 300 and Article 297 of the Criminal Act, the choice of imprisonment, and Article 366 of the Criminal Act;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Rape with the heaviest Punishment)

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses;