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.

Criminal facts

On March 15, 2014, around 10:30 on March 15, 2014, the Defendant: (a) committed indecent act by compulsion against the victim D (n, 43 years of age) located in the Haguan-gun C; and (b) went through the entrance without correction, and invaded upon the victim’s residence.

The Defendant, with a bad hand, attempted to forcibly commit an indecent act against the victim by threateninging the victim's resistance, such as leaving the above excessive amount on the floor and exposing the victim's chest part, etc., but the Defendant did not commit an attempted act because it did not go against the wind, by cutting the excessive amount into the floor and cutting the breath of the victim's breast part, etc. with the victim's hand, which is a dangerous object that is the part of the victim's left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (based on the victim's telephone statement, on-site photographs, and knife, etc. used by the suspect as criminal tools, reproduction of the scene, hearing of victim's telephone statements);

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the age, criminal record, and the risk of recidivism recognized as recorded (no criminal record exists, and other cases in this case];