A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 15, 2011, the Defendant is a person who was sentenced to imprisonment for one year and six months and two years of suspended execution on December 23, 2011 with labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, an injury by a deadly weapon, etc.) in the Western Branch of the Daegu District Court.

At around 04:00 on August 10, 2005, the Defendant, at the front of the house of the victim D (n, 42 years of age) located in Daegu Seo-gu C, Daegu-gu, intended to have the victim take a bath and rape.

The Defendant, at around 05:30 on the same day, intruded into the door and the entrance, and prevented the victim from resisting by hand, such as leaving the victim's body, going up on the victim's body, etc., and attempted to engage in sexual intercourse once with the victim, and failed to achieve that intent with the wind that the victim escaped.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Reporting on the occurrence of a case in violation of the Punishment of Violences, etc. Act, and reporting on the investigation;

1. Confirmation of the processing of cases related to DNA conformitys, direction of investigation of the United States, consent of the results of investigation of the DNA comparison, notification of the results of DNA identification information search, notification of the results of DNA identification information search, and notification of the results of DNA identification information database search;

1. Application of the victim's photograph, such as his/her body photograph, scene of crime, and other photographs and statutes;

1. Articles 12 and 5(1) of the Addenda to the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) and Articles 319(1) and 297 of the Criminal Act [The main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)] concerning criminal facts and the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act, the suspension of execution;