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

Criminal facts

On July 16, 2013, at around 10:05, the Defendant opened a string door to the house of the victim D (n, 24 years of age) located in Switzerland-si, Chuncheon-si, and went into the house of the victim, and attempted to engage in sexual intercourse after putting the victim's half panty and panty, who was diving in the said place, into his hand, and she tried to engage in sexual intercourse. However, the Defendant did not escape from the string to the wind of the victim, and failed to achieve that intent.

Accordingly, the defendant invadedd the victim's residence and attempted to have sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The reference sentencing guidelines [decision of types] the general criteria for sex offenses: rape/special rape (special rape) by blood relatives/residential invasions, etc. (special rapes) by blood relatives: Imprisonment with prison labor for a period of three to five years (in the case of recommendations), 3 years to six (in the case of mitigation);

3. The crime of this case, which was sentenced, committed by the defendant upon intrusion upon the victim's residence, was attempted to commit rape by taking advantage of the victim's failure to resist.