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

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

On April 1, 2015, the Defendant came to know of the Victim C (the 30 years of age) residing in Jeonju-si, and sent text messages to Jeonju-si in order to meet the victim. On June 1, 2015, around 00:45, the Defendant made a proposal as follows: “Around 00:45, at Jeonju-si, Jeonju-si, that the victim would drink with the victim while drinking alcohol to the victim.” On the other hand, the Defendant made a proposal as follows: (a) “Fel in Jeonju-si, Jeonju-si, Jeonju-si, Jeonju-si.”

On June 1, 2015, at around 04:45, the Defendant: (a) 04:403 Maur 403 Maur 403, she was suffering from the victim’s night; (b) she was on the part of the victim with the defect that the victim did not her; (c) divided the victim’s body into two arms, and her body was sealed by the victim’s resistance; and (d) her brea and clothes were cut off at one time with the victim’s her part and the part of the victim’s her body were inserted.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the victim;

1. Investigation reports (referring to the submission of reference materials for victims), investigation reports (referring to the time and place of damage, and attach photographs to the scene);

Application of Statutes

1. Article applicable to criminal facts;

Article 297 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;

In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no identical criminal record to the defendant and thus, it is difficult to readily conclude that the defendant is in danger of recidivism, and the defendant's personal information registration and attending order can only be seen to a certain extent to prevent recidivism. In addition, there are other special circumstances where disclosure and notification of the defendant's personal information should not be made, taking into account all the circumstances such as the adverse and anticipated side effects that the defendant suffers due to an order to disclose or notify his/her personal information, and

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; 1. Scope of punishment by law: Imprisonment with labor for a year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 1 (General Rape) of rape (subject to 13 years of age or older)

[Special Sentencings] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from 1 year to 6 years

3. The crime of this case committed by the decision of sentence is not deemed to have been committed with forced sexual intercourse, even though the victim expressed clearly his intention of refusal after leaving the victim to a hotel. The victim committed the crime of this case.

It seems that considerable physical and mental pain has been suffered. These circumstances are disadvantageous to the defendant.

However, there is no record of criminal punishment against the defendant for a punishment exceeding a fine or for a crime of the same kind. The defendant has committed his/her crime late later and reflects it, and the victim does not want the punishment of the defendant by mutual consent with the victim. Such circumstances are considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

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 agency pursuant to Article 43

It is so decided as per Disposition for the above reasons.

Judges Regular General

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