A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On September 9, 2015, at around 03:00, the Defendant entered the victim D (the age of 63) located in Chungcheongnam-gun budget group C through the said house, and discovered the victim who was locked from the door to the ward by opening a window on the inside side and entering the ward and leaving the room, and tried to have sexual intercourse with the victim by covering the victim's face with the right of prejudice and forcing the victim's panty to be kne, but the Defendant tried to have sexual intercourse with the victim's kne against kne, i.e., "if she is not flick, she will not do so, she will not do so, and if she is unable to do so, she returned to the outside of the house.

Accordingly, the Defendant attempted to rape the victim by impairing the victim's residence, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (1), E;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs of seized articles and photographs of victims;

1. Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. In full view of the following: (a) the Defendant recognized the instant crime and reflects his/her mistake; and (b) the Defendant has no record of punishment for a sex offense; and (c) the Defendant’s age, family environment, social relationship, disclosure order or notification order and its effect expected by such disclosure order and prevention; and (d) the disadvantages and side effects resulting therefrom, comprehensively taking account of various circumstances: (a) the disclosure order and notification order under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1); and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.