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

On April 6, 2014, the Defendant: (a) laid off the victim E (at 18 years of age) in Damo 209 located in Gwangju Northern-gu C, 2014; (b) laid off the victim’s clothes, laid off the victim’s sexual organ into the victim’s sound part by inserting the victim’s sexual organ once into the victim’s sound part by taking advantage of the victim’s refusal to resist; and (c) still, the Defendant raped the victim’s sexual organ by inserting the victim’s sexual organ once into the victim’s sound part by taking advantage of the victim’s refusal to resist, which was drunk.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made by the assistant judicial police officer in relation to E, which fit for such written statement;

1. Application of video-related Acts and subordinate statutes citing photographs (the screen screen of DNA telegraphs);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act of the suspended execution (The following extenuating circumstances shall be repeated for 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;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; 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; there is no evidence suggesting that the instant crime is the realization of habituality against the Defendant’s sexual assault; and it is difficult to readily conclude that the Defendant’s order to disclose and notify personal information is to effectively prevent sexual assault against a child or juvenile and to protect the child or juvenile from such crime. The instant crime is an unspecified crime committed against the victim who has a usual sense.