However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

At around 01:20 on November 9, 2019, the Defendant: (a) taken care of the victim D (tentative name, 26 years of age) in front of the C convenience point in Jongno-gu Seoul Metropolitan Government; (b) taken the Defendant’s vehicle (Ei30) with a taxi; (c) taken the Defendant’s vehicle (Ei30) with a taxi; (d) taken the mind of having no awareness of being able to rape the victim; and (e) stopped the victim by driving a vehicle to the street near the Si-gu Seoul Metropolitan City Children’s Hospital located in Seocho-gu Seoul Metropolitan City Hun-ro 260; and (e) putting the victim out of the clothes by placing the Defendant’s sexual organ into the back seat of the victim, and has sexual intercourse by inserting it into the back seat of the victim

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (in response to the results of request for appraisal by the State, verification of CCTV images, hearing of victim telephone statements);

1. Article 29 and Article 297 of the Criminal Act related to the relevant criminal facts and Article 53 and Article 55(1)3 of the Criminal Act suspended execution under Article 62(1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The accused shall not have the same criminal history as the accused under 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 a notification order, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article

In light of the circumstances, etc. of the instant crime, it is difficult to view that the Defendant has a high risk of repeatedly preventing sexual crimes against unspecified persons in the future.

It seems that the effect of preventing recidivism can be expected through the registration of personal information, the lecture attendance order, and the employment restriction order for the accused.

In addition, due to the age, family environment, disclosure order and notification order of the accused, the disadvantage and expected side effects of the accused, and the prevention of sex crimes that can be achieved thereby.