A defendant shall be punished by imprisonment for two years.

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

1. On October 18, 2015, the Defendant damaged property by destroying the entrance and exit doors equivalent to 40,000 won of the repair cost, in a room of a victim C (a person under 74 years of age) living in another room located in the same room as the Defendant’s residence located in Yansan-si located in Yansan-si, and in order to intrude the victim’s room into the victim’s room.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Offense of Rape) was committed by intrusioning on the residence of the victim by interfering with the victim’s behavior from D, the main owner of the house, who heard the above sound, and by going through an attempt to rape the victim by impairing the victim’s residence, such as the above paragraph (1), by opening a corrective door, and by impairing the residence of the victim, the victim was spanty and panty of the victim who was locked at the bed against the means of the victim. The victim was put to the victim’s spanty, preventing the victim from getting out of his spanty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of field photographs);

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the points of attempted rape in prison, the choice of limited imprisonment), and Article 366 of the Criminal Act concerning criminal facts;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation [the crimes of attempted crimes and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes]

1. From among concurrent crimes, an aggravated punishment of concurrent crimes is one of the following: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the maximum term of two crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment).