A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

The defendant living in an apartment, such as the victim C(Inn, 45 years of age), who is a mentally disabled person with mental disability, is known to one another.

On April 2014, the Defendant, at the residence of the Defendant, located in Da apartment No. 106 1113, 106 and 1113, had the Defendant take arms of the victim, who had followed the Defendant, and forced him to satisf and sat down his arms, and forced him to sat down his clothes, and tried to sat down his chest, sat down his sexual flag, sat down the victim’s chest, and sat down the victim’s sexual flag, but did not have been discovered.

Accordingly, the Defendant attempted to rape the victim with mental disability.

Summary of Evidence

1. C’s statement recorded in each video recording (Evidence Nos 5, 13, 31) ;

1. Documents to be attached to investigation reports (psychological evaluation reports) and documents;

1. Application of each statute on photographs;

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

1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 47(1) and 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

1. The summary of the argument is on the day of the instant case, while the victim was able to go against the defendant's house and scambly, there was no fact that the victim was forced to go off the victim's clothes as stated in the facts constituting the crime in the judgment of the court, and there was no fact that the victim attempted to rape. If the victim was actually victimized by the above sexual violence, reporting within the nearest time is in accord with sound common sense and empirical rule.