The defendant shall be exempted from punishment.

Punishment of the crime

On 2008, the Defendant became aware of the victim D (as such, 21 years of age, intellectual disability 2 level) while using the Internet C site.

On December 2, 2016, the Defendant: (a) by telephone call to the victim; and (b) by telephone call to the victim.

The victim's consent was obtained from the victim, and around December 31, 2016, around 18:50 on December 31, 2016, at the home of the victim E in Changwon-si, Changwon-si.

After the Defendant took a meals with the victim in a neighboring restaurant, the Defendant was in the vicinity of G located in Changwon-si, Changwon-si, Changwon-si, the same day, and raised a defect in the sexual relationship with the victim, and was rejected, the Defendant was able to rape the victim.

The Defendant, as a matter of discussion in and around the victim’s hand, led the victim to be placed behind the victim by coercioning the victim’s her flick, and, in order to oppose this, the Defendant knife the victim’s knife, saying, “it may be plucked or plucked up the victim’s hand to prevent the victim’s knife and knife the knife from leaving the knife,” and tried to engage in sexual intercourse by getting off the victim’s knife, but the Defendant attempted to have sexual intercourse with the victim. However, the Defendant knife and resisted the victim’s knife, “I will continue to have the victim knife and do not knife it in the future,” followed the Defendant’s wrong, and suspended the Defendant’s criminal act by himself.

Accordingly, the Defendant attempted to rape a victim with a mental disability, and subsequently attempted to commit a crime by themselves.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. Investigation report (for video recording of victims);

1. Reports on internal investigation (limited to internal investigation of suspect and victim's behaviors, internal investigation of CCTV on suspect and victim's clothes, investigation of CCTV, attachment of expert opinions on statement analysis, summary of statement of victim, photograph of the upper part of victim's oral investigation, and photograph of welfare card, submitted by the victim's mother);

1. Photographs of the scene of crime;