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

At around 02:00 on August 23, 2016, the Defendant: (a) opened a panty window that was not locked and intruded into the living room; and (b) cut off the victim’s panty system with one female panty system equivalent to KRW 40,000 at the market price owned by the Defendant, which was rapidly dried.

As above, the Defendant: (a) stolen the victim’s panty panty; (b) discovered the victim who was in the way to commit rape; (c) was exempted from all the clothes of the Defendant; and (d) went off from the victim’s panty tyty, and did not commit an attempted crime because the victim was spanty and resisted by sound; and (c) did not commit such act.

Accordingly, the defendant invadedd the victim's residence at night, stolen the victim's panty, and attempted to rape the victim who was unable to resist due to diving, but did not commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigative reports, investigative reports, and accompanying materials;

1. A detailed statement of 112 reported cases processing;

1. Application of related Acts and subordinate statutes;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 330 and 299 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, except for the instant crimes, it is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes, and thus, there is a risk of recidivism or recidivism of sexual crimes.