A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

피고인은 2014. 2. 28. 15:10경 부천시 원미구 C 피해자 D(여, 50세)의 집에서, 평소 알고 지내던 피해자로부터 김치를 얻는다는 명분으로 집에 들어간 후, 설거지를 하던 피해자의 뒤로 다가가 한손으로 피해자의 가슴을 움켜쥐고 다른 한손으로 피해자의 음부를 움켜 쥔 다음 피해자를 안방으로 끌고 들어가 바지를 벗기고 강간하려 하였으나, 피해자가 피고인을 뿌리치고 집 밖으로 나가 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements made to victims D;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of all the circumstances, including the Defendant’s age, previous conviction, and the degree of risk of recidivism, the background and process of the instant crime, the benefits and preventive effects expected due to the instant disclosure order or notice order, and any disadvantages and side effects, etc., the sentencing guidelines shall not apply to the crime of attempted rape on the grounds of sentencing, including Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notice order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no previous crime, the social relation is clear, and the crime of this case is seriously against the Defendant).

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the crime of this case shall be committed against the victim who trusts and helps the defendant to commit the crime of this case.