A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On August 4, 2013, at around 05:35, the Defendant: (a) was in front of the body of the victim D (n, 43 years of age) located in Busan Jin-gu C; (b) was unable to correct the body; and (c) was able to rape a woman residing in the above body; and (d) discovered the victim who was living in the said body through an open gate and the entrance, and entered the said body and the entrance, and found the victim.

The defendant was unable to resist the victim's body who was panty and who was panty by the defendant, and did not resist the victim's body, and then the victim was panty and sexual intercourse once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of each police protocol of statement to D and E;

1. 범죄사실에 대한 해당법조 및 형의 선택 성폭력범죄의 처벌 등에 관한 특례법 제3조 제1항, 형법 제319조 제1항, 제297조 피해자는 각 경찰진술시 이 사건 범행 당시 안방에서 자고 있었고, 피고인이 피해자의 하의를 모두 벗기는 느낌에 잠에서 깼으나 피해자의 남편이라고 생각하여 비몽사몽 간에 눈을 감고 있었는데 피고인이 피해자의 음부에 피고인의 성기를 삽입하면서 피해자의 몸을 눌러 남편이 아니라는 것을 눈치채고 눈을 뜨면서 피고인의 몸을 밀어냈으며, 피고인의 폭행이나 협박은 없었다고 진술하였다

(Evidence Nos. 11, 12, 13, and 54). Therefore, the Defendant has sexual intercourse with the victim by taking advantage of the victim’s in a state of mental or physical disability or impossibility to resist.

Therefore, the applicable provisions of the above criminal facts identified by the victim's statement shall not be Article 297 of the Criminal Act, but Articles 299 and 297 of the Criminal Act shall be Article 297 of the Criminal Act. However, the defendant confessions the facts of the crime stated in the indictment, and they shall be applicable provisions of any Act.