A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On November 21, 2017, at around 00:00, the Defendant sent a voice call to D from November 21, 2017 to 04:00 on the same day, from November 21, 201 to October 23, 201, and sought the victim directly.

피고인은 2017. 11. 21. 17:00 경 피해자의 집 근처인 E 주변에서 피해자를 만 나 그 인근의 커피숍, 코인 노래방, 당구장에서 함께 시간을 보내고, 같은 날 19:00 경 'F' 식당에서 피해자와 소주 1 병씩을 마신 후 같은 날 21:00 경 술에 취한 피해자를 부축하여 용인시 기흥구 G에 있는 피해자의 주거지인 주택 H 호 문 앞까지 와서 피해자를 집 안으로 들여보냈는데, 문이 닫히자마자 만취한 피해자가 쿵 소리를 내며 쓰러지는 소리가 들리자 피해자의 만취상태를 이용하여 피해자를 간음하기로 마음먹었다.

The Defendant, in the corridor, did not have a seal in the door of H heading, was able to leave the door to the outside through the windows of the third floor corridor, moved the outer wall of the building, intruded into the house through the toilet window of the victim’s house, and went off the body in front of the front of the front door, was laid off from the body of the victim at a place where the bit lease is frighted, and was fright off the body of the victim by using the condition of the breath in which the victim was unable to resist, and had sexual intercourse with the victim.

Accordingly, the defendant infringed upon the victim's residence, and has sexual intercourse with the victim by using the victim's non-refluence condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of a witness I;

1. Each police investigation report and accompanying documents (at the end of 4, 5, 10-12, 18-20, 26-28);

1. Application of Acts and subordinate statutes to the notification table (3) to the department reporting the 112 Incident, and to the gene assessment report (17) at a net time;

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