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

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Criminal facts

On March 27, 2013, at around 12:30, the defendant and the person subject to the request for the attachment order (hereinafter referred to as the "defendant") tried to have sexual intercourse with the victim under intellectual disability 3 in the event outside the “house of Hyece” located in Seo-gu Incheon Metropolitan City, with the intent to discover the victim and to have sexual intercourse with the victim. The victim was sent to the D parking lot in the vicinity of the “house of Hyecee”, and he was off the defendant’s bar and his clothes, and was off the victim’s bar and his clothes, and did not have the intent to have sexual intercourse with the victim while the victim was kneee, and did not have been discovered.

Accordingly, the defendant tried to have sexual intercourse with a female victim who has a mental disorder by force.

[Facts that constitute a ground for an attachment order] The Defendant has committed a sexual crime against a person with a mental disability and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K, L, M, and E;

1. Investigation reports (verification as to whether a victim is registered with a disabled person) and accompanying documents;

1. Each request for appraisal;

1. Screenings and stenographic records of CCTV images at the scene of crime;

1. A copy of each personal identification card;

1. In full view of the Defendant’s previous conviction and the method and consequence of the instant crime, the Defendant’s age, character and conduct, environment, and attitude towards sex, etc., comprehensively taking account of the claim investigation records, investigation reports (a judgment and attachment of a summary order) and accompanying documents before the risk of recidivism, it may be recognized that the Defendant is likely to recommit a sexual crime.

Application of Statutes

1. Articles 14 and 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. The punishment, etc. of sexual crimes committed against an order to notify;