A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 08:20 on July 13, 2013, the Defendant, who was raped, followed 1 km up to the corridor front of the original E-gu, Seoul Special Metropolitan City E-gu, the victim’s residence, with the intent to rape the victim by taking a short mnife of the victim D (the age of 21).

The Defendant: (a) at the above location, used the crepit of body in order to see the key of the victim’s hacking the front door to the floor; (b) used the crepit of body in order to cause the victim to go beyond the floor.

On the other hand, the Defendant continued to have knee in knee with the knee of the victim's body, has prevented the victim from participating in his arms, has led to suppression of the victim's resistance. On the other hand, the Defendant: (a) knee in knee with the victim's body and walked off her clothes; and (b) she tried to rape the victim; (c) however, the victim she did not commit an attempted crime without the victim's self-frighting and perfect resistance and hearing the secret voice of the victim; and (d) she did not escape from the wind coming from neighboring residents.

Meanwhile, in the process of suppressing the victim’s resistance as above, the Defendant suffered injury, such as salt, tension, etc. of the bones of wood, which requires treatment between three weeks.

Accordingly, the defendant tried to rape the victim, and the defendant was injured by the victim during the course of rape.

2. At the time and place under the above Paragraph (1) above, the Defendant took advantage of the victim’s reflective state at which the victim’s resistance was detained, and taken the victim’s cell phone (No. 1) with the victim’s own market value equivalent to one million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each photograph, injury diagnosis report, and transport report (DNA appraisal report);

1. Application of the existing Acts and subordinate statutes of one unit (No. 1) in respect of seized mobile phones (gallony)

1. Relevant Articles 301, 300, 297 of the Criminal Act and Article 333 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of punishment.