[Defendant-Appellant]

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Around 01:00 on August 20, 2018, the Defendant, at the guest room of the Gangnam-gu Seoul Metropolitan City B hotel, carried a victim C (the name, the age of 26) who was under the influence of alcohol, carried the victim’s room, laid off the victim’s body on the bed, laid off the victim’s part, and laid off his clothes on the bed, laid off the victim’s neck and chest, and sexual intercourse by inserting the victim’s sexual organ into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A gene appraisal report;

1. Investigation report (D phone or investigation for reference);

1. Damage photographs;

1. Data on CCTV screen and one CD for hotel CCTVs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 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. Orders to disclose and notify and exemption from employment restrictions orders;

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 proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (the order to disclose and notify registered information and the order to restrict employment may have a significant impact on the defendant. There is no criminal history against the defendant. It is difficult to conclude that the crime of this case does not have a criminal tendency against an unspecified number of unspecified victims. In addition, considering the following circumstances: the defendant’s age, family relation, environment, disclosure of personal information and the order to restrict employment, the effect and side effects of disclosure and the order, etc. of personal information in this case’s pleading.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

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

[Determination of Punishment] General Criteria for Sexual Crimes (subject to 13 years of age or older) Case No. 1>

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

[Extent of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Discretionary Zone)

3. Determination of sentence;

The crime of this case takes place at a university motive meeting for a long time after the Defendant graduated from the university, and the victim was in sexual intercourse with the taxi after getting on the taxi and getting on the taxi to the hotel without any specific relationship with the victim, and the crime of this case is not less complicated in light of the circumstances and methods of the crime. The victim appears to have a large mental shock and sexual humiliation caused by the crime of this case.

However, the Defendant appears to have committed the instant crime by contingently, and is against the Defendant, leading to the confession of the instant crime. The Defendant expressed his/her intent not to be punished against the Defendant by mutual consent with the victim. There is no history of criminal punishment against the Defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

Registration and submission 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

Judge Lee Sung-sung

Judges Lee private-young