Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

[Criminal Power] On February 6, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Daegu District Court on February 6, 2015, and the execution of the sentence was terminated on February 6, 2016.

【Criminal Facts】

On April 26, 2016, around 23:21, the Defendant discovered the victim F (one, two years of age) who was under influence of alcohol at the chair of the bus bus stops located in the city of Busan.

After the victim, the defendant saw the victim by sparing the two arms, and fleded to the near alley road after sparing the chest by hand.

However, the victim did not seem to have any particular response, and the defendant thought that the victim was drunk, and tried to rape the victim.

At around 23:30 of that day, the Defendant: (a) concealed the victim on the alley side of the above place; (b) followed the victim by using both arms, and (c) led the victim to a place where it is impossible to know the place; and (d) tried to have sexual intercourse with the victim’s breast, legs, and sound, but did not have the intent on the wind coming from the surrounding person.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Reports on internal investigation (the sequence 3 of evidence lists);

1. Investigation report (the No. 15 of the evidence list);

1. Records before judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes (Evidence List Nos. 20, 21);

1. Relevant Articles of the Criminal Act and Articles 300 and 297 of the Criminal Act concerning the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.