A defendant shall be punished by imprisonment for three years.

The personal information of the defendant against the defendant shall be used through an information and communications network for five years.

Punishment of the crime

At around 06:00 on July 17, 2012, the Defendant opened and intruded the entrance that the victim did not set up and set up the church in front of the victim D (n, 66 years of age) located in Osan-si C.

At around 06:10 on the same day, the Defendant listened to sound entering the victim while waiting for the victim's returning home from the toilets, and went back from the toilets to the inside of the victim.

At the inside of the Defendant, the Defendant: (a) obstructed the victim from having a pipe walked the Defendant by reporting the Defendant with a pipe; (b) lying the victim on a bed; and (c) applied to rape with the victim’s resistance by pressing the victim’s body’s shoulder, such as pressing the victim’s shoulder, etc.; (d) however, the Defendant did not commit attempted rape with the victim’s secret and refused to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Voluntary report, investigation report (general), and application of Acts and subordinate statutes to the accusation place;

1. Article 14 and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determination on the Defendant’s assertion under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes

1. The summary of the argument is the fact that the defendant entered the victim's house at the time and place in the judgment of the defendant, but only is the intention to interview the victim who had a sense of peace, and there was no intention to rape the victim.

2. The following circumstances, which are acknowledged by each evidence of the judgment, that is, ① the victim (victim) enters the house.