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

On March 2016, the Defendant came to know of the victim D (at 59 years old) due to the hearing disability of the second-class disabled victim D (at around 2016, the Defendant came to know of the victim. On March 201, 2016, the Defendant went to the victim's residence and went to the victim's residence two times around 2017, while driving away after receiving the neighbor's restraint.

The Defendant: (a) had a person living in a mixed place of residence; (b) had a difficulty to resist against the victim due to any impediment to hearing; (c) had been found in the victim’s residence on February 24, 2018; and (d) had entered the house through a door; and (d) had the victim requested coffee to the victim.

Therefore, when a person suffering from frightened from a frighten victim, taken the frighten of the victim into the inside of his residence, kids the victim's two arms, leaving the victim's tightly and resisting the victim's resistance by putting it into the inside of his residence, and frights the victim's resistance to the victim's resistance. However, the victim boomed the victim's breath and escaped against the victim's breath, such as the shower boom.

Accordingly, the defendant tried to rape a victim with a physical disability, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Video-recording CDs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to certificates, etc. of victims with disabilities);

1. Relevant legal provisions concerning criminal facts, and Articles 15 and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.