A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around 09:50 on April 17, 2016, the Defendant: (a) at the Defendant’s house located in the Dong Sea-si, at around 09:50 on April 17, 2016, the victim D, who is a female living together, (e.g., 52 years of age and 6 years of age), was sealed by the Defendant, and refused to engage in sexual intercourse; (b) did not resist the victim’s blue part of the victim’s body located above the victim’s body; (c) did not blue the victim’s blue part of the victim’s blue; (d) did not go against the victim’s chest by blueing the victim’s upper part of the victim’s body; and (e) tried to rape the victim by talking the victim’s sexual part of the victim’s body with his hand; and (e) did not commit any attempted act by making the victim’s cell phone reported next to it.

Accordingly, the Defendant attempted to rape a person with a physical disability, but attempted to commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statements, video CDs and stenographic records of D;

1. Medical records for victims of sexual assault;

1. Requests for appraisal;

1. A report on investigation (Attachment of a field photograph);

1. A certificate of disability and a certificate of disability;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault against the disabled women;

1. Relevant Articles 15 and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the motive and background of the instant crime, and relationship between the Defendant and the victim.