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

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

Punishment of the crime

The Defendant, while residing in the same Dongdong as the victim C (Woo, 39 years of age, intellectual disability 2 level), had been aware of that the victim was unable to resist due to intellectual disability, in order to sexual intercourse with the victim.

On April 17, 2015, from around 20:00 to 23:50 on the same day, the Defendant was unable to bring the victim into the residence of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City, and opened the door, string all of the cellular phone devices of the victim, and tried to leave the victim’s front and panty, and inserting the sexual pans into the part of the victim’s sound, but failed to reach the purport.

Accordingly, the defendant tried to engage in sexual intercourse with the victim who has difficulty in resisting or resisting due to mental disability, but failed to do so.

Summary of Evidence

1. The defendant's partial statement, witness E, F and G respective legal statements;

1. Each response to a request for appraisal;

1. Video-recording CDs recorded by each victim;

1. Application of Acts and subordinate statutes to photographs of the place of residence of the victim, and copies of victim welfare cards;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant does not have the same criminal record for the defendant, and in this case, personal information is registered and the completion of sexual assault treatment programs can prevent the defendant from repeating a crime to a certain extent;

In full view of all the circumstances, including the fact that it appears, the defendant is the defendant.