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 a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 5, 2016, around 19:00, the Defendant sent the victim E (M, 19 years of age) to the victim’s house located in F, prior to the “D,” located in the Southern-gun C of the Republic of Korea, with the victim’s home, and had the victim feel her mind to commit rape.

On May 6, 2015, the Defendant violated the victim’s house through the entrance that was not corrected around 02:00 on May 6, 2015, when the victim waits for diving, and opened the door outside the house and did not correct the door with the victim’s door door installed, and infringed upon the victim’s door, the Defendant was unable to bring the victim’s chest into the clothes of the victim, the victim’s chest, and the victim was able to look at the victim’s house.

Accordingly, the defendant invadedd the victim's residence and tried to have sexual intercourse with the victim who is in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the collection of houses;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, and Articles 319 (1), 299, and 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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, occupation, family environment, social relationship of the accused recognized as recorded, and the victim of the accused or the victim of the sexual crime.]