Text
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 of the final judgment.
Reasons
Punishment of the crime
On September 12, 2016, from around 07:05 to 07:15 on the same day, the Defendant tried to have sexual intercourse between the victim and the victim from around 07:05 on September 12, 2016, in order to hear the sound of the victim shower through the home toilet windows of the victim D (the age of 54) in Jongno-gu Seoul Metropolitan Government, and, rather than bringing about the sound of the victim, in order to rape the victim, opened an unCorrection door, intrudes the victim into the house, cut off the panty door and panty, let the victim off the victim from the back of the house, and tried to have sexual intercourse with the victim, but did not go through the wind of resistance by the victim, such as sound and brut.
Summary of Evidence
1. Statement by the defendant in court;
1. Prosecutions and police interrogation protocol of the accused;
1. Statement made to D by the police;
1. Written statements prepared by D;
1. Application of Acts and subordinate statutes to field photographs and investigation reports (related to the initial report of a case);
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 297 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 (including the following reasons for sentencing, taking into account the conditions of sentencing under Article 51 of the Criminal Act);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall submit
Reasons for sentencing
1. Legal penalty;