A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 8, 2013, around 22:30 on May 22, 2013, the Defendant, while drinking alcohol with the victim C (at 26 years of age) working in the same workplace as his wife and drinking alcohol with the victim under the influence of alcohol, she reported the appearance of the victim being frighter and invaded into the residence of the victim, she was able to commit rape, and she reported the password of the locker locking device that the victim fright.

At around 00:50 on May 9, 2013, the Defendant: (a) divided the password, which was known in front of the victim’s house located on the second floor of the Young-gu D building in Suwon-si, Suwon-si, and opened a front door and enters the house, and (b) Dan, which was defilled under the influence of alcohol, walked the victim’s brogate, walked the victim’s chest, was fasted with the victim’s chest, and was her son by hand, and the victim’s son was her son.

Then, one's own panty and the other's panty knife the part of the victim, and the other's knife with the left hand, trying to see his own sexual organ and put it into a sound book, but did not have been put into a knife because it was not an instrument.

Accordingly, the defendant attempted to rape the victim who was unable to resist due to intrusion upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 14 and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), Articles 299 of the former Criminal Act, the selection of a limited term of imprisonment

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The standard of sentencing is applicable to an attempted crime of sentencing under the main sentence of Article 16(2) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu.