A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On February 15, 2014, at around 13:00, the Defendant found the victim D(FSI Q 41, which was located in Chungcheongnam-gun, for the purpose of SS AS, and tried to have sexual intercourse with the victim who was in the mental retardation of the intelligence index (FSI Q 41) and the victim who was in the mental retardation of the age of 5 to 8 months. After having the victim under the mental retardation of the age of 5 and 8, he was able to drink her, her her her her her her her her her her her her and her her her her her her, and was sexual intercourse with his her her her her her clothes and her her her her her her

In this regard, the defendant was unable to resist or resist due to mental disability, and tried to have sexual intercourse with the victim, but failed to achieve that intention.

Summary of Evidence

1. Legal statement of witness E;

1. Results of this Court’s CD verification

1. A protocol concerning the suspect examination of the accused;

1. Recording records;

1. Investigation reports (Attachment of photographs) and investigation reports (Attachment of a certificate of injury);

1. Application of Acts and subordinate statutes on certified welfare card copies;

1. Relevant Articles 15 and 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The defendant asserts that he did not commit rape as stated in the facts constituting a crime.

2. The victim D, at the investigative agency around 13:00 on February 15, 2014, was found in his house to repair the boiler, and the defendant, who entered the kitchen in order to give a coffee, does so.