Defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

On August 28, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a result of an injury in the Daegu District Court and its judgment became final and conclusive around that time.

On May 14, 2007, at around 20:30, the Defendant: (a) reported the victim D (at the time, 17 years of age) who was staying in any place in Seo-gu, Seo-gu, Gwangju, and (b) went back to front of 108 Dong 201, Seo-gu, Seo-gu, Gwangju.

In addition, the Defendant opened an unlocked door and intruded into the said house, and tried to rape the victim by reporting the victim who embelled in the massage room at the time.

The defendant entered an inner room to prevent the victim from suffering with his hand, and damaged the victim on the bed part of the bed, and when the victim was able to take the face of the victim by hand.

이에 피해자가 소리를 지르며 반항하자, 피고인은 손으로 입을 막고 피해자의 웃옷을 벗기려 하면서 피해자의 가슴 부위에 얼굴을 비볐다.

In other words, the Defendant attempted to rape by preventing the victim from being injured by his/her hand and preventing him/her from resisting against his/her face when he/she several times. However, the Defendant attempted to commit an attempted rape with the wind continuously and fully resisting the victim, and thereby, the Defendant committed an “influence on the face of the victim,” which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A response to the results of re-exploiting and appraisal of fingerprints at criminal scene;

1. A medical certificate;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Article 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 9110, Jun. 13, 2008); Article 9(1), Articles 12 and 5(1) of the former Act on the Punishment, Protection, etc. of Sexual Crimes (amended by Act No. 9110, Jun. 13, 2008); Article 319(1) of the Criminal Act; Article 297 of the Criminal Act (Selection of Imprisonment for Imprisonment for a limited term) (However, the upper limit of imprisonment for a limited term shall be governed by the main sentence of Article 42 of the former Criminal Act).