The defendant shall order the completion of the sexual assault treatment program for 40 hours.

【Criminal Power】 On January 23, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. to the Daegu District Court, and the judgment became final and conclusive on April 18, 2015.

【Criminal Facts】 Around March 20, 2014, when the Defendant was unable to discern things or make decisions due to mental disability (Grade II), the Defendant discovered the victim E (the age of 80) before “D” located in Seo-gu Incheon Metropolitan City, and tried to rape the victim, and continued to be off the victim’s clothes after being towed to the warehouse of a nearby F Hospital, she was towed by carrying the victim’s hand, and tried to rape the victim’s clothes. However, even though the victim resisted the victim, and the said “D” did not come up with the wind to open the door of the victim and the warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Previous convictions: Investigation reports (former and confirmation reports), written judgments, and search of cases bound in court records;

1. The point of mental and physical disability determination: In light of the investigation report (the change of a suspect's disability grade), the content and circumstances of the crime of this case, the victim's age, the circumstances after the crime, the defendant's legal statement attitude, etc., it is recognized that the defendant was in a state of mental and

Application of Statutes

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (the crime of attempted rape in the market and the crime of fraud for which judgment has become final and conclusive);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;