A defendant shall be punished by imprisonment for one year.

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

On July 19, 2016, at around 01:30, the Defendant opened a door and intruded into the house of the victim D (n, 45 years of age) located in the Southern-gun C, the Defendant attempted to detect the victim who was diving at the inside, to have sexual intercourse with the victim, and to be raped with the victim. However, the Defendant did not commit an attempted crime by having the victim escape from the body of the victim, "h," "h," "En," "h," "h," and "En," and "h," so that the Defendant did not perform his intent.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the statements of the witness D, E, and F in the second public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement protocol with respect to D, E, and G (including H part of the statement);

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of a case and investigate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 300, 299, 297 of the Criminal Act concerning the choice of punishment (the attempted quasi-rape) and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

1. Article 25(2) and Article 55(1)3 of the Criminal Act (limited to the attempts of quasi-rape and quasi-rape) to be legally mitigated;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes]

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Where the conviction of the Defendant who registered the personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and becomes a person subject to registration of personal information.