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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant
In addition, around 07:00 on November 5, 2014, the person requesting probation order (hereinafter referred to as the "defendant") discovered the victim D (19 years of age) who returned to the Republic of Nam-gu Incheon Metropolitan City (hereinafter referred to as the "victim") and tried to rape the victim's home located in the Nam-gu Incheon Metropolitan City E, caused the victim to walk the victim's horse at the victim's home, and discovered the password by reporting the victim to obtain the entrance password.
Defendant’s Month
6. At around 00:30, when the victim’s house was known in advance, a entrance is opened and the door was intruded, the victim’s left hand hand over the victim’s body and attempted to rape after breaking down the victim’s secret by the right hand on the part of the other Defendant’s body, who was divingd at the bed in the bed area, and she did not commit an attempted crime, even though she did not go against the wind of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes concerning the closure photographs of field CCTV images, clothes worn by the defendant at the time of committing the crime, and the closure photographs of field CCTV images around May 11.
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 297 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (Reexamination of favorable circumstances among the reasons for sentencing as follows);
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is a competent agency