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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

피고인과 피해자 C(여, 16세)는 부녀지간으로, 피고인은 평소 술을 마시면 피해자에게 폭언 및 폭행을 하고 물건들을 부숴 피해자는 피고인을 매우 두려워하고 있는 상태였다.

On September 29, 2012, at around 05:30 on September 29, 2012, the Defendant had a mind to report and rape the victims divingd in the defendant's house living room located in Gwangju Northern-gu D2.

The Defendant ducked with the victim who was diving in his string, and sucks and buckbucks, put his hand in panty with the victim's panty, cut off the victim's buck and panty, cut off her part and panty, cut off the victim's sexual flag on the part of the victim's ship, and pushed out the victim's body in a unflued part of the victim's ship, and did not escape, and did not go to commit an attempted crime.

As a result, the defendant attempted to rape by taking advantage of the victim's state of impossibility to resist, but did not bring about the victim's resistance, which was broken out in diving, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. The defendant and his defense counsel asserted that at the time of the crime of this case, the defendant and his defense counsel were in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. However, according to the records, the fact that the defendant had drinking a considerable amount of alcohol at the time of the crime of this case is recognized, but there was no ability to discern things

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Articles 14 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

1. The favorable circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the reasons for discretionary mitigation.