A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

On November 29, 2016, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Gwangju District Court on November 29, 2016 and completed the execution of the sentence on November 30, 2017.

At around 02:00 on January 11, 2018, the Defendant discovered that the victim D (name, 53 years of age) was seated on the floor of the city under influence of alcohol, and opened the victim’s residence in E at the time of breathing, with the victim’s entrance, and opened the corrected entrance as a key, and the victim got a cigarette in the vicinity of the victim’s residence, and the victim was able to have sexual intercourse with the victim by avoiding tobacco in the vicinity of the victim’s residence.

이에 피고인은 2018. 1. 11. 02:30 경 피해자의 주거지에 이르러 시정되어 있지 않은 현관문을 통하여 집 안으로 침입한 후 피해자가 술에 취해 안방에서 잠을 자고 있어 항거 불능인 상태인 것을 이용하여, 피고인의 바지와 팬티를 벗고, 피해자의 옆에 앉아 손으로 피해자의 바지를 엉덩이까지 내린 다음 피해자의 가슴과 엉덩이, 발등을 수회 만지고, 손으로 피해자의 보정 속옷을 벗기려 하였으나, 보정 속옷의 단추가 너무 많아 보정 속옷을 벗길 수 없게 되어 피해자의 배 위에 올라 타 피고인의 성기를 보정 속옷을 입은 피해자의 음부에 수회 비볐다.

Accordingly, the defendant invadedd the victim's residence and attempted to have sexual intercourse with the victim who was in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D (alias) and F;

1. Each statement of D (alias) and F;

1. Investigation report (not more than 16 pages of investigation records), investigation report (limited to the attachment of clothes worn by the injured party at the time of the damage);

1. Each photograph (not more than 22 pages, not more than 31 pages of investigation records);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (report attached to a judgment, etc. - A), and judgment, such as criminal history;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;