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

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

Criminal facts

On March 29, 2012, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") issued a imprisonment with prison labor for the obstruction of performance of official duties, etc. on March 29, 2012 and completed the execution of the sentence in the Daejeon Prison on May 6, 2012.

On July 9, 2012, the Defendant was hospitalized in the C Hospital located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant was fully aware of the victim D (the age of 15) who was nurseed in the said hospital, and was paying the victim D (the age of 15).

On July 28, 2012, at around 21:00, the Defendant drinked the victim’s drinking in a mutually influorous restaurant located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and used the victim’s drinking in the direction of the F market located in the same Ri with the victim.

At around 23:00 on July 28, 2012, the Defendant: (a) laid the victim in the public toilets in the above market; (b) laid the seat of the victim; (c) laid the chest on his/her own hand in order to walk the victim’s inner part; and (d) tried to engage in sexual intercourse with a juvenile by force, such as cutting off the victim’s spode and panty, and inserting the Defendant’s sexual organ into the victim’s sexual organ, but (c) attempted to engage in such sexual intercourse with a juvenile by force; (d) however, the Defendant did not have committed attempted sexual intercourse with a view to entering the victim’s sexual organ.

Accordingly, the defendant tried to have sexual intercourse with the above victim under 13 years of age by force, but did not have such intent but did not have such intent.

[Judgment of the court below] The defendant committed a sexual crime against a victim under 16 years of age as stated in the judgment of the court, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A criminal investigation report and a criminal investigation report (a statement of a victim);

1. Previous convictions in judgment: Criminal history records, investigation reports (attached to the written judgment, etc.);

1. The risk of recommitting a sexual crime as indicated in the judgment: by the foregoing evidence and the statement of a reply prior to the request for attachment order.