A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On November 20, 2019, around 19:44, the Defendant: (a) entered the women’s toilet 3th floor C in Jung-gu Incheon, Jung-gu, Incheon; (b) entered the said women’s toilet under the influence of alcohol; and (c) immediately left the said women’s toilet; and (d) went into the said women’s toilet; and (c) went into the said women’s toilet.

At around 19:45 on the same day, the Defendant: (a) intruded into a female toilet at around 19:45 on the same day, and she was waiting for a female to enter his/her next partitions, followed by the victim D (the age of 37) to take a line to view the victim’s side partitions; (b) went beyond the victim’s side partitions; and (c) tried to go back to the victim’s side partitions by standing off all of his/her mouths; and (d) tried to go back to the nearest to the reported victim, and then forced the victim to stop his/her being deprived of, and forced him/her to go into his/her body, but the victim failed to go against the wind, such as continuing to turn off his/her name and complete his/her body.

Accordingly, the defendant invadedd the victim's residence and tried to commit rape, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of CCTV image data at the time of committing a crime), and to photographe CCTV image data;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;