A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some amendments were made according to facts obtained through evidence investigation.

피고인은 2018. 3. 30. 오후경 인천 부평구 B에 있는 자신의 처남댁인 피해자 C(가명, 여, 74세, 이하 ‘피해자’라 한다)의 주거지 인근에서 피해자를 만나 피해자의 권유로 함께 차를 마시기 위해 피해자의 주거지로 이동하였다.

The Defendant, between 16:00 and 17:00 on the same day, tried to have sexual intercourse with the victim who is suffering from coffee in his/her own face in his/her ward from the victim’s face, prevented the victim from resisting the victim’s body after going beyond the victim’s face, and, as if he/she had sexual intercourse, tried to have sexual intercourse with the victim by shaking his/her body behind and behind the victim’s body. However, the Defendant did not fully resist the victim’s head as he/she was next to and after the victim’s head.

Accordingly, the defendant tried to rape the victim's kinship, and attempted to commit rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Any statement made by C in the third protocol of the trial, which conforms with that of the witness;

1. Each investigation report (referring to the cases of taking photographs and stenographic notes, and verifying the relationship by marriage, regardless of the hole at the time when the damage is inflicted on the victim C (tentative name));

1. The defendant and his defense counsel asserted that the crime of this case constitutes attempted crime since the defendant voluntarily ceased to commit the crime. However, according to the evidence above, the crime of this case was committed by the defendant, not because the defendant voluntarily suspended his criminal act or endeavored to prevent the occurrence of the result from such act. Thus, the victim's active behavior, such as committing the defendant's head, is committed.