However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

At around 00:00 on October 10, 2017, the Defendant: (a) committed similar rape with the victim, such as: (b) the victim (here 20 years of age) was under the influence of alcohol, and (c) the victim was able to kid the victim himself/herself, and (d) the victim was not able to do so; (b) the victim was able to keep his/her chest into the victim’s clothes, and (c) the victim tried to restrain the Defendant’s grandchildren; (d) however, the Defendant continued to place his/her fingers into the part of the victim’s sound, without suppressing the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

112 Reports (No. 1914) the application of laws and regulations, such as photographs related to sexual assault, response to requests for appraisal, etc.

1. Article applicable to criminal facts;

Article 297-2 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 (the Defendant has no record of having been punished for the same sex offense, and the crime in this case alone is difficult to readily conclude that the Defendant has a criminal tendency against an unspecified number of unspecified victims, and only the Defendant is allowed to register personal information of the Defendant and attend sexual assault treatment courses can prevent recidivism. In addition, taking full account of the Defendant’s age, family relation, social relationship, and social relationship, the effect expected by an order of disclosure or notification, and the disadvantage and side effect of the Defendant’s personal information resulting therefrom, it is reasonable to deem that there are special circumstances that the disclosure or notification of the Defendant’s personal information should not be made). The scope of punishment under law: Imprisonment with prison labor for one year to fifteen years.

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] General Criteria for Sexual Rape 1 (General Rape *: adult similar rape shall be included in Category 1, but the upper limit and lower limit of the range of punishment shall be reduced to 2/3.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, one year to two years of imprisonment

3. Determination of sentence: Imprisonment with prison labor for one year, two years under a suspended sentence, and the age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and various factors of sentencing as shown in the arguments in this case, such as the circumstances following a suspended sentence, shall be determined as ordered, comprehensively taking into account.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant by indecent act against the victim, and even though the victim expressed his intention of refusal, and it is not good that the crime was committed more similar rape. The victim appears to have experienced considerable sexual humiliation and mental pain due to the instant crime.

The favorable circumstances of ○: The defendant shows that his mistake is divided, and reflects it.

The Defendant has no record of criminal punishment prior to the instant case. The victim does not want to punish the Defendant under the agreement with the Defendant. The parents of the Defendant want to keep the Defendant’s wife continuously.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to

Judges Park Jong-ro

Judges Park Jae-gu