A defendant shall be punished by imprisonment for three years.

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

Criminal facts

1. Around October 22, 2015, around 18:00, the Defendant: (a) discovered the victim D (the age six) who was discharged from the bed elevator, and the victim “I f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Accordingly, the suspect kidnapped the victim for the purpose of sexual intercourse.

2. 성폭력범죄의 처벌 등에 관한 특례법위반 (13 세 미만 미성년자 위계 등 간 음) 피고 인은 위 일 시경 피고인의 주거지 안방에서 겁에 질린 피해자를 강제로 이불 위에 눕힌 후 피해자의 티셔츠를 가슴 위까지 올리고 바지를 내린 후 간음을 하려고 하였으나 과음으로 인하여 피고인이 깜박 잠이 든 사이 피해자가 집 밖으로 도주하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant attempted to rape a child under 13 years of age by force.

Summary of Evidence

1. Partial statement of the defendant (as at the third public trial date);

1. Application of D’s statement-related Acts and subordinate statutes contained in the victim’s video CDs;

1. Relevant provisions of the Criminal Act and Article 288 (1) of the Criminal Act (the crime of kidnapping for the purpose of adultery) concerning the crime, and Articles 15, 7 (5) and 7 (1) (the fact that an attempted crime is committed by the threat of minors under 13 years of age, and the choice of an organic imprisonment);

1. Punishment of attempted crimes under Article 25 (2) and Article 55 (1) 3 of the Criminal Act (limited to the crimes committed by deceptive means, etc. against minors under the age of 13) ;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier (referring to a minor under 13 years of age, a deceptive scheme, etc.

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;