A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On April 21, 2016, around 11:30, the Defendant tried to engage in sexual intercourse with the victim C (the name, the 63-year old age), in front of the female toilet of the E church located in Bosung-gun D prior to his/her residence, while being waiting for the victim, he/she was sent to the toilet with the defect of the victim who intends to get out of the toilet, led the victim's body in his/her hand, and pushed the victim's body in his/her hand, and tried to engage in sexual intercourse with his/her will. However, the Defendant did not go through the wind of the damaged person, while waiting for the victim, and did not commit an attempted crime.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of site photographs at the time of occurrence);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the observation of protection, order to provide community service and the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The crime of this case, which was determined to be sentenced, is an unfavorable sentencing factor against the Defendant, inasmuch as the Defendant intrudes the toilets in the church and tried to rape the victim, and the crime is not good, and the victim seems to have suffered a considerable mental shock.

However, the fact that the defendant repents and reflects his mistake, that the crime of this case is committed in the attempted attempt, that the defendant seems to have caused the crime of this case by contingency under the influence of alcohol, and that the victim is against the defendant.