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

The defendant is a body of the victim D (IIS, IS, IS, 25 years of age).

On July 20, 2013, at around 09:50 on July 20, 2013, the Defendant discovered that the above victim, who was a wife, was locked in the defendant's house ward in Daegu-gu E-dong building 802, and caused a breathing, thereby resulting in the Defendant's breathing of the victim, resulting in the Defendant's breath, resulting in the Defendant's brea

Therefore, the victim who was suffering from an abnormal sense, demanded the victim to speak his/her body in his/her own body by breaking the defendant's hand, but the defendant continued to suppress the victim's resistance by hand while he/she forced the victim to knee his/her panty, and forced the victim to knee his/her panty, and led the victim's kne and kne with his/her kne.

계속하여 피고인은 자신의 팬티를 벗은 후, 피해자의 등과 가슴, 오른쪽 허벅지 안쪽을 혀로 핥으면서 피해자를 간음하고자 하였으나 피해자가 피고인을 뿌리치고 주방으로 가 동소에 있던 칼을 들고 마치 자살할 것 같은 자세를 취하면서 "지금 그만 두지 않으면 자살하겠다"라는 취지로 말하면서 반항하자 더 이상 피해자를 간음하는 것을 포기하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused prepared by the prosecution against the accused (including the part concerning the victim D in the second and third times);

1. Statement made to D by the police;

1. Each investigation report (Attachment of letters, emails, images of the body part of the victim D, and diagnostic notes);

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.