A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

At the request of B, the defendant allowed the victim C (a family name, female) in difficult circumstances to live in the house of the defendant, and the defendant was living together with B and the victim from July 2018.

On August 17, 2018, at around 04:00, the Defendant, at the Defendant’s house located in the Daegu-gu D Building E, performed alcohol with the victim, and attempted to kis from the side of the victim who intending to diving, and attempted to do so by taking kis while the victim’s body kis with both descendants, even though the victim’s body was refused to do so. However, the victim attempted to kis with both arms of the victim, she was unable to stop kis by putting kis on her body and kis, while she stopped her body kis.

Since then, the Defendant exceeded all the clothes of the victim who was unable to resist, and added his sexual organ to the part of the victim's sound, and had sexual intercourse with the victim, and the victim, who was flicked, was the victim's wheels with the defendant, etc., and "hump, mala, and humb," was the victim's sexual intercourse with the victim's force.

Summary of Evidence

1. C’s legal statement;

1. Each investigation report (the sequence 10, 14 of the evidence list);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable sentencing grounds):

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse