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 between the victim C (nive, 23 years of age) and the past teaching system.

1. At around 02:50 on November 19, 2012, the Defendant attempted to commit rape, i.e., the victim’s shoulder at the house of the victim, 307, Busan Dongdong-gu, Busan, and the victim’s chest, with his hand, and the Defendant was pushed down with the shoulder of the victim who was pushed down, tightly booms the Defendant, and was placed on the bed, and forced to commit rape, while the victim tried to commit rape against the victim.

2. On November 22, 2012, around 23:30 on November 22, 2012, the Defendant, who entered a residence, entered the entrance password, which was corrected by the cryptization of the fact that he had been aware of the victim’s house password before he/she again requested the victim to teach again, and entered the entrance door and into the house, and intrudes on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (payment of emergency call time and hearing statements of victims);

1. Relevant Articles 300 and 297 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes concerning attempted rape, which are heavier than the punishment, and double crimes)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Articles 37(1)1 and (3), 41(1)1, and 41(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Public Disclosure Orders and Notification Orders [the scope of applicable sentences] shall be limited to the attempted rape crimes in the judgment of one year and six months to eighteen years [whether or not the sentencing guidelines are applied], and the sentencing guidelines shall not apply.

[Decision of Sentence] The criminal defendant was sentenced to two years of imprisonment, and the criminal defendant committed rape in this case for three years of probation.