A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is the person who has taken care of the victim after his wife and divorce in 2012, as the father-child of the victim B (n't, 2004).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of a minor under 13) was committed by the Defendant following the victim (hereinafter the victim at the age of 8) who was divingd in his/her place of residence in Gangnam-si, Gangnam-si around May 2013 at the time when the new wall was closed, and she exceeded the victim's panty, exceeded the victim's panty, met the victim's sexual organ by hand, and added the victim's sexual organ into the victim's sexual organ, but the victim was fluored by the victim's refusal to leave the bridge.

Accordingly, the defendant did not commit rape by taking advantage of the victim's non-competence condition under 13 years of age, but did not commit rape.

2. A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape by blood) was committed on July 18, 2018 by the Defendant: (a) around 05:00 on July 18, 2018, the Defendant was able to enjoy the victim’s panty in the place of residence under the subparagraph of the D apartment complex E, and (b) exceeded the victim’s panty, she exceeded the victim’s panty organ by hand, and inserted the victim’s sexual organ into the sex organ of the victim’s sexual organ; (c) but (d) the victim was forced to commit an attempted act by

Accordingly, the defendant did not commit rape by taking advantage of the victim's blood impossibility of resisting the victim's blood, but did not commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recorded CDs and stenographic records with respect to B;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, Etc., Articles 15, 7 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the attempted quasi-rape of a minor under the age of 13, the choice of an organic imprisonment), Articles 15, 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Attempted mitigations: Articles 25(2) and 55(1)3 of the Criminal Act.