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

[Criminal Justice] On February 9, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in this court on February 9, 2012, and completed the execution of the sentence on June 16, 2013.

【Criminal Facts】

Victim C(M, 73 years old) is a person with a visual disability of the first degree living in Young-gu Busan Metropolitan City D, and is in friendly with the mother of the defendant.

1. On October 10, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc.) listened to the Defendant’s mother, who was playing together in the Defendant’s house located in Busan Young-gu E, Busan, about 01:00, when playing together with the Defendant’s mother, and lost his mind after drinking the Defendant’s mother, she will take the Defendant’s house in order to care of the victim, and she will take the victim’s house in the same Gu D.

In light of the fact that the victim was visually disabled and cannot resist due to the influence of alcohol when the victim was living together with the victim, the defendant was aware of the fact that the victim was unable to resist because of alcohol, and the victim tried to immediately perform the victim's crypt, to hold the chest and to put the defendant's sexual organ into the part of the victim's sexual organ after cutting off the victim's chest and panty, but the purport was not reached on the wind that does not occur.

Accordingly, the Defendant attempted to rape a victim in a state of difficulty in resisting due to a physical disability.

2. On October 15, 2013, the Defendant: (a) around 22:00 on October 22, 2013, the victim, who is visually impaired, putting three gold bars into the left hand of the victim; (b) made one half of the gold bars amounting to 105,000 won in the market price owned by the victim, left by the victim by taking the victim’s hand; and (c) brought them back to the victim’s hand; (d) even though the victim requested the return of the gold bar, the Defendant did not return it.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Prosecutions against the Defendant.