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A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
(e).
Reasons
Criminal facts
The defendant is a father of the victim C(M, the father of 1995) with intellectual disability-3, and is a relative with the victim.
1. On 2004, the Defendant: (a) at the domicile of the Defendant located in Northern-gu, Northern-gu; (b) tried to talk with the victim (nine years of age at that time); (c) but (d) the victim did not have the intent of spreading the Defendant and escaping from the Defendant.
Accordingly, the defendant tried to rape a minor victim under the age of 13, who was a blood relative, but was guilty of attempted rape.
2. The Defendant: (a) was able to look at the chest of the victim (at the age of 12) at the Defendant’s residence located in the north-gu, Sinpo-si, Ma on 2007; and (b) was forced to get off his clothes; (c) however, the Defendant did not go out of the house after having the Defendant go out of the house and let the Defendant go out of the house.
Accordingly, the defendant tried to rape a minor victim under the age of 13, who was a blood relative, but was guilty of attempted rape.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement recorded in the statement recorded CDs;
1. An expert opinion of each child or disabled person on sexual assault case;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of results of expert analysis of statements made by the victim C, family relation certificates of the victim C, certified copy or abstract of resident registration, certified copy or abstract of resident registration of the suspect A, attachment of certified copy or abstract of resident registration, recording record preparation and report
1. Articles 12 and 7(1) of the former Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (amended by Act No. 10258, Apr. 15, 2010); Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) (amended by Act No. 11574, Apr. 15, 201) regarding criminal facts under the relevant Act on the Punishment of Sexual Crimes; Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010).