A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who is between D and his/her spouse, who is the victim C (n, 35 years old).

On May 12, 2017, the Defendant called “one-time defect” at the victim’s dwelling room located in Nam-gu E and 202 Dong 402, and tried to engage in sexual intercourse with the victim by setting off his/her own will and panty in a lump sum, setting off the victim’s own will and panty from the victim’s body on the side, cutting off the victim’s inner part, cutting off the victim’s two arms on the victim’s body, suppressing the victim’s resistance by both hand, and suppressing the victim’s resistance. However, the Defendant attempted to engage in sexual intercourse with the victim by failing to reach the wind of the victim’s arrival at the above dwelling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports (Attachment of On-site photographs), investigation reports (tele-lines related to the recognition of a suspect), and investigation reports (Attachment of details of use of personal phones);

1. Application of Acts and subordinate statutes on mobile phone calls to the recipient;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. There are various circumstances, including the Defendant’s age, family environment, social relationship, degree of recidivism, expected profits and preventive effects due to the disclosure order of this case, and other factors such as the Defendant’s age, family environment, and social relationship, and the degree of risk of recidivism, expected by the disclosure order of this case’s disclosure order, as well as the effectiveness and side effects expected due to such order.