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.

Punishment of the crime

The defendant was a person who leased a partition room, which is separated from the house owned by the victim D (Inn, 64 years of age) in Geumcheon-gu Seoul Metropolitan City, from the house owned by the defendant.

At around 02:00 on July 19, 2014, the Defendant had a mind to rape the victim, and invaded into the house through the back door of the victim’s house, which was unlocked in the state of being deprived of, and attempted to rape the victim with the victim “at least once she is good,” and went back to the wind of the victim.

At around 03:00 on the same day, the Defendant continued to rape the victim, and went into the house through the back door of the victim’s house, which was unlocked, and tried to suppress the victim’s resistance, such as leaving the victim’s seat and her clothes on the part of the victim, and leaving the victim’s body into the ward where the victim’s body might occur, and taking the victim’s neck back from the lock to the victim’s hand.

However, the victim failed to commit an attempted crime because the victim resists against the port, the sound to the ward, and the burners did not bring the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site and intrusion path photographs;

1. Application of Acts and subordinate statutes to investigation reports (investigation routes of Suspect intrusion);

1. Article 15 and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Articles 26 and 55 (1) 3 of the Criminal Act to be legally mitigated (limited to a suspended attempt, and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at around 02:00 on July 19, 2014)

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;