A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Punishment of the crime

The Defendant, as the leadership of the victim C (V, 10 years of age), was living together with the victim who was living in the victim’s her mother D on September 2012 after marriage with the victim’s mother D on March 3, 2014.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of a minor under the age of 13) was committed by the Defendant on April 15, 2014, within the Defendant’s residence located in Hadong-gun E around 13:0 on April 15, 2014, in a hospital where his/her father and wife is hospitalized in the hospital, so that the Defendant’s wife might have sexual intercourse with the victim by making use of the gap in his/her house for

피고인은 옆에서 잠을 자고 있는 피해자에게 욕정을 느껴 피해자의 몸을 돌려 피해자의 입에 뽀뽀를 하고, 피해자의 바지와 속옷을 벗긴 후 피해자의 몸 위에 올라가 뽀뽀를 하면서 피고인의 성기를 피해자의 음부에 삽입하려 하였으나 피해자의 음부가 작아 삽입하지 못하고, 계속하여 약 15분 정도 자신의 성기를 피해자의 음부에 비볐다.

Accordingly, the defendant tried to engage in sexual intercourse with the victim under the age of 13 by taking advantage of the victim's non-opportunable condition, but did not bring about such intent.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) was committed by the Defendant in the Defendant’s residence on September 2015, 2015, the Defendant was committed with the Defendant’s wife by using the gap in which the Defendant’s wife is self-employed, and the Defendant was able to have sexual intercourse with the victim. The Defendant was committed with the victim’s panty in the victim’s panty, by inserting the victim under the kick, and knives were

Accordingly, the defendant committed indecent acts by using the victim's state of resistance under the age of 13.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A video recording CD or a victim’s statement CD;

1. Situation pictures, opinions of sexual assault experts, internal investigation reports (a summary of victim's statements), and each investigation report (a plan for operating training activities in the victim's school), and students at the time of the crime;