The defendant's appeal is dismissed.

1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The instant crime committed by the Defendant was committed by intrusion on the container in which the Defendant was living, and attempted to have sexual intercourse with the victim, but the victim was forced to commit an attempted crime at the resistance of the victim and suffered injury to the victim in the process, and the crime was very heavy.

The victim seems to have suffered a big sexual humiliation and mental suffering.

On the other hand, the defendant committed a contingent crime, committed a basic crime only in the number, and committed a crime, and made a mistake and reflects the wrong.

The victim has agreed to pay 20 million won as compensation for damages, and the victim does not want the punishment of the defendant.

The defendant is aged 71 years of age and his family members want to be the first wife of the defendant.

이러한 사정들을 비롯하여 피고인의 성행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 이 사건 기록에 나타난 양형의 조건이 되는 모든 사정과 법률상 처단형의 범위( 징역 5년 ∽15 년 변호인은 기본 범죄인 주거 침입 강 간이 미수에 그쳤으므로 미수 감경이 되어야 한다고 주장하면서 대구 고등법원 2013. 5. 29. 선고 2012 노 776 판결을 원용하고 있다.

However, according to Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, not only a person who commits a crime of intrusion and rape under Article 3(1) of the same Act but also a person who committed a simple attempted crime of intrusion upon residence.

Even if the victim suffered a bodily injury, the crime of bodily injury by rape is established. Under Article 8(1) of the same Act, the penal provision of Article 8(1) of the same Act concerning Article 8(1) of the same Act is an attempted crime of intrusion upon residence and rape as well as the crime of causing bodily harm by rape. In other words, the person who committed, or attempted to commit, intrusion upon residence, commits the crime of bodily injury to the victim.