A defendant shall be punished by imprisonment for five years.

The defendant shall complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On August 12, 2012, around 04:30 on August 12, 2012, the Defendant: (a) tried to rape the victim by discovering the victim who left the Busan Jin-gu after completing the work; and (b) by creating a purely desire to commit rape.

The Defendant opened a door by drinking the entrance door door of the first floor of the victim's residence and intruded into the victim's house on the third floor, and met the sound part of the victim's house in the inner bed, and prompted the left chest, despite the victim's pets, despite the victim's pets, the Defendant used the cresh of the defendant's head, and forced the victim's resistance by placing the victim's head to the front door, leading the victim's head to the front door, and forced the victim's resistance to the front door, and caused the victim to have sexual intercourse once by inducing the victim's resistance against the victim's resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. On-site inspection, confirmation of personal information on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and fingerprinting the results of appraisal of the scene of the crime;

1. Details of investigative reports by prosecutors;

1. Police investigation report (victim's superior position);

1. Application of Acts and subordinate statutes to field photographs and photographs of the upper part of the body;

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1) and 297 of the Criminal Act;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 41 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the defendant's mental health or mental health disorder due to the state of the crime in this case