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

At around 04:00 on July 13, 2013, the Defendant entered a studio 302 window where the victim D (V, 32 years of age) located in Gangseo-gu Seoul Metropolitan Government, and tried to rape the victim.

The Defendant, going through the roof installed adjacent to the above studio telecom, applied a studio in the window part of the second floor of the studio telecom, opened both shock nets and windows outside the studio telecom, and intruded the residence of the victim by inserting the studio into the window.

The Defendant, who was divingd by a lush hand, tried to capture the victim's right buckbucks to the right side of the victim, and continuously enter the house, and rape, but the victim escaped with the wind that the victim runs away from the lock.

Accordingly, the Defendant attempted to rape the victim who was unable to resist due to intrusion upon the victim's residence, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police's statement concerning D;

1. Application of Acts and subordinate statutes to a CCTV image photograph and a search photograph around the victim's house;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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

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

5. The main sentence of Article 16 (2), (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.

6. It is determined that there are special circumstances in which disclosure or notification order may not be disclosed or notified as one of the grounds for exception to disclosure or notification order under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.