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

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is the victim B (the family name, the female, the age of eight) and the family relation of the victim B.

Around January 2009, the Defendant, while playing together with the victim in the steering room of the defendant in Kimcheon-si, Kimcheon-si, laid down the victim locked with the victim, and she covered the victim's locked for himself/herself, and laid down the victim's fingers into the victim's fingers, and inserted the victim's fingers into the victim's fingers in the victim's sexual flag.

Accordingly, the defendant knew that the victim was in a state of mental disorder and tried to commit similar rape by using it, but he did not have any potential rape, so he did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing stenographic records;

1. Articles 12 and 8-2 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof [the provisions before the amendment and amendment of the Act on the Protection, etc. of Victims of Sexual Crimes under Article 5 (10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010] and Article 299 of the Criminal Act [the upper limit of punishment shall be 15 years of imprisonment pursuant to the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10258, Apr. 15, 2010)];

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 9765, Dec. 18, 2012); Article 37(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 9765, Jun. 9, 2009); Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant was punished as a sex offense prior to the instant crime.