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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
1. At around 10:00 on February 7, 2013, the Defendant: (a) viewed television with the victim D (Woo, 82 years of age); (b) tried to rape the victim who was married at around 19:30 on the same day while she was married with the victim; and (c) forced the victim to get off his/her inner organ by exposing his/her inner organ, and forced him/her to get off his/her inner organ and forced him/her to get off his/her inner organ; but (d) did not go against the wind of the victim to refuse and out his/her inner organ.
2. At around 20:30 on April 11, 2013, the Defendant: (a) attempted to rape the victim who fright while drinking the fluence while viewing television at the places indicated in the foregoing paragraph (1); (b) attempted to engage in sexual intercourse with the victim’s sexual organ by inserting the victim’s sexual organ toward the victim’s sound part; and (c) failed to bring the victim’s finger into the victim’s sound and out of the sound; and (d) failed to bring the Defendant’s finger into the victim’s sound and out of the sound; and (e) failed to bring the Defendant’s finger into the victim’s negative part; and (e) failed to bring the victim’s finger into the victim’s negative part.
Summary of Evidence
1. Witnesses D and E's respective legal statements;
1. A report on investigation (Attachment of a letter of opinion);
1. Statement of opinion;
1. Application of Acts and subordinate statutes to on-site photographs, field photographs, shapes of victims, and photographs of upper parts of the victims;
1. Relevant Articles 300 and 297 of the Criminal Act concerning the facts constituting an offense;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for attempted rape of April 11, 2013, heavier penalty) among concurrent crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. The defendant and his/her defense counsel's assertion under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes shall be decided by the defendant.