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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a father of the victim E (n, 12 years of age) who is a intellectual disabled person.

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed an indecent act by force against a victim, who is a relative, at his/her home located in his/her own house located in the Frandong-dong, Chungcheongnam-do, Chungcheongnam-do, 102, from July 2015 to August 2015, with the victim’s clothes, 1 to 2 times with the victim’s clothes, her chests, her kin, and her part, her in his/her hand, committed an indecent act by force.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with minors under the age of 13) committed the crime in which the Defendant, from around July 2015 to around August 2015, 06:00 to around 07:00, to around August 2015, 200, in the aforementioned place, he/she committed the crime in which the Defendant: (a) was unable to rape the victim; (b) was deprived of the victim’s clothes; (c) was deprived of the victim’s body; and (d) was tried to put the victim’s body into the part of the victim’s sound.

Accordingly, the defendant was trying to rape the victim under 13 years of age, resulting in attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each video recording and video CD in E and each stenographic record;

1. A report on internal investigation (the sequence 25 of evidence list);

1. Data on assistance in oral statement;

1. Comprehensive evaluation opinion (the Chungcheong Sea Center);

1. Application of Acts and subordinate statutes on family relation certificates and welfare cards;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 7(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes, Article 297 of the Criminal Act (the attempted rape of minors under the age of 13, the choice of imprisonment with labor), Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of forced indecent conduct by relatives);

2. Article 26 and Article 55 (1) 3 of the Criminal Act to be mitigated legally [the punishment shall be mitigated according to attempted abandonment of a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of minors under the age of 13];

3. The former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2, and Article 50 of the Criminal Code [the crimes shall be more severe.]