A defendant shall be punished by imprisonment for five years.

Criminal facts

around 04:00 on July 2010, the Defendant tried to engage in sexual intercourse between the victim's body and the victim's body, even though the victim tried to engage in sexual intercourse between the victim's body and the victim's body, the victim's body was unafforested so far as it was found that the wife located in Busan-gu C, Busan-gu, and the victim's wife (the 28 years old) exceeded the victim's lower part, and the victim's wife who was divingd, exceeded the part of the victim's D (the 28 years old).

Accordingly, the defendant tried to rape the victim's blood, but did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Family relation certificate and a certified copy of the removed family relation register;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3, 8, 10 of the evidence list);

1. Article 14 and Article 5 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) (the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) concerning criminal facts [the latter part of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010)]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 2(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 37(1) proviso of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 41(1) proviso to Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11162, Jan. 17, 2012) cannot be readily concluded that a defendant has a risk of recidivism or re-offending of sexual assault due to lack of criminal records on sexual assault.

The disclosure and notification of personal information of the defendant is the victim because the defendant and the victim are in a relationship of relatives.