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 four years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is the grandchild of the victim C (math, 84 years old), and the defendant and the victim live in the same house.

At around 16:30 on April 25, 2013, the Defendant, at the house of the Defendant located in Ma, was attempted to commit rape, after having her father listened to sound entering the house of the Defendant and blocking the victim from being able to wear with one hand, leading the victim to the cooling house in front of that house, and suppressing the victim’s resistance to the body of the victim, and cutting off the victim’s clothes, and trying to rape the victim. However, the Defendant attempted to commit attempted rape by having his father listened to sound coming from his house.

Summary of Evidence

Defendant’s legal statement

C and E Articles 14 and 5(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), 297 of the Criminal Act, Articles 25(2) and 55(1)3 of the Criminal Act for the attempted mitigation of Article 53 and 55(1)3 of the Criminal Act for the crime subject to the applicable provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly considered as favorable to the reasoning of sentencing) Article 62(1) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act (wholly considered as favorable to the reasoning of sentencing) for the crime subject to the pertinent Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012).