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

On January 31, 2013, at around 20:0, the Defendant: (a) talked with the victim D (at the age of 71) at the home of the victim D (the victim), Kimcheon-si, Kimcheon-si, and attempted to rape the victim; and (b) tried to engage in sexual intercourse once with the victim’s body, but did not take place.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement of E;

1. Police investigation report (a medical certificate and opinion attached);

1. The inquiry inquiry report (G hospital doctor H) / [Judgment on the admissibility of hearsay evidence]

1. Among the witness E, F’s each legal statement, and the police statement of the defendant and defense counsel, the part of the statement that the victim specializations from the victim is inadmissible as hearsay evidence.

2. On February 4, 2013, among the statements made in this Court by the E and F, the part of the victim’s statement stating that “A defendant tried to go off the victim’s clothes and inserted the victim’s sexual organ into the victim’s sound book, but the victim has retired against the victim,” and the part of the police statement made in relation to E’s statement stating the same purport constitutes a protocol stating the victim’s statement, which is the victim’s statement, and thus constitutes a protocol stating a full statement or a full statement.

Although the hearsay statement or a protocol in which the statement was made is inadmissible in principle in accordance with Article 310-2 of the Criminal Procedure Act, it is exceptionally admissible only when the person making the original statement is unable to make a statement due to death, illness, residence in a foreign country, or any other reason, and the statement was made under particularly reliable circumstances pursuant to Article 316(2) of the Criminal Procedure Act. The above " disease" includes the degree that it is impossible to conduct an clinical examination like the elderly dementia (see Supreme Court Decision 91Do2281, Mar. 13, 1992). The statement or preparation was made under particularly reliable circumstances.