A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

1. From May 2018 to September 27, 2019, the Defendant acquired a copy of the DNA (E) card (E) owned by the victim C at the near bus stops located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, that was lost by the victim C.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around 02:40 on November 19, 2019, the Defendant: (a) reported that the victim H (or 20 years of age) who is a person with a disability pointed out in the bus stops near the G Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) accessed the victim at around 04:20 on the same day; (c) moved the victim at the victim’s humb; and (d) took the victim into the jurisdiction of Gangnam-gu, Seoul; and (d) moved the victim to the victim by raising the victim who intends to go up in the future; and (e) making the victim go back.

피고인은 위 일시경 위 여관 J호에서, 피해자와 단둘이 있는 상황을 이용하여 씻지 않으려는 피해자에게 ’씻겨줄 테니 옷을 벗으라‘는 취지로 말하여 피해자로 하여금 옷을 벗게 하고 화장실에서 피해자를 씻긴 후 피해자를 침대로 데려가 손으로 피해자의 가슴을 만지고, 입으로 가슴을 빤 다음 피해자의 몸 위로 올라가 수회에 걸쳐 피해자의 음부에 피고인의 성기를 삽입하려고 하였으나 발기가 되지 아니하여 삽입하지 못하였다.

Accordingly, the defendant tried to have sexual intercourse with the victim who has a mental disability by force, but did not have such intent but failed to do so.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Protocol of seizure (proped submission of evidence Nos. 41) (paragraph (2) at the time of sale);

1. Partial statement of the defendant;

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

1. K (tentative name).