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

While the defendant was in alliance with C, who is a parent of the victim B (math, 50 years of age), from June 2018, the defendant liveded with C in the family of the victim located in Busan Jin-gu.

On October 6, 2018, at the victim's house around 04:50 on October 6, 2018, the Defendant intruded into the inside room used by the victim, and panty panty of the victim under the influence of alcohol, and panty panty ties of the victim who was under the influence of alcohol, and flusiumd the victim into the victim's house.

Then, the defendant put a female self-help body brought in from his own room into the negative part of the victim, deducts it, and then put the defendant's sexual organ into the negative part of the victim.

However, at the time of inserting the sex instruments as above, the victim had not been in the state of sacrife, or of failing to resist.

In this regard, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's mental or impossible failure to resist by intrusion into the room possessed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Each protocol of seizure and the list of seizure (number 2,30);

1. A report on the results of field identification;

1. Each request for appraisal (number 27,36);

1. Application of the Acts and subordinate statutes of the photograph (No. 14);

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age, character and conduct, family environment, social ties, record of crimes, and risk of re-offending of crimes, the details and motive of crimes, and the crimes committed, under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;