Attorney C

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.

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

On April 12, 2018, from around 00:06 to 00:31, the Defendant:607 of the “Eteel” in Gangnam-gu Seoul, Gangnam-gu; and the victim F (a) who first met or became aware of at the preceding club at the same club, was off the part of the victim under the influence of alcohol, and had sexual intercourse once with the victim. Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (The CCTV images of the EMoel);

1. Application of Acts and subordinate statutes, such as a photograph of CCTV images-faging, CCTV CDs, and each request for appraisal;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); 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)

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 criminal punishment for sexual crimes before the instant case, and the risk of repeating a sexual crime is difficult to readily conclude that the Defendant has a high risk of repeating a sexual crime. Furthermore, the Defendant’s sentence of imprisonment with labor, personal information registration, and an order to attend a course of treating sexual assault may have an effect of preventing recidivism to a certain extent. In full view of the Defendant’s age, environment, family relationship, social relationship, method and consequence of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by disclosure or notification, and the protection effect of the victims of sexual crimes, it is determined that there are special circumstances where disclosure or notification of the Defendant’s personal information may not be ordered.

Judgment on the Defense Counsel's argument

1. Summary of the assertion

At the time of the instant crime, the Defendant was under a state of mental disability under the influence of alcohol, and thus, the punishment should be mitigated.

2. Determination

According to the evidence duly adopted and examined by the court, even though the Defendant was in a drunken state at the time of committing the instant crime, in light of the following circumstances: (a) it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime; and (b) in addition, Article 10 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a sexual crime was committed in a state of mental disorder caused by drinking alcohol, the court may not apply the provision of Article 20 of the Criminal Act on the reduction and exemption of punishment. Accordingly, the defense counsel’s aforementioned assertion

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

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

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape) (Special Rape) (Special Rapes : Ad hocs : Ad hocs

[Scope of Recommendation] Reduction Area, one year and six months of imprisonment to three years

3. Determination of sentence;

The following circumstances and the defendant's character, conduct, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime are considered, and the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the arguments in this case.

① Unfavorable circumstances: The instant crime committed by the Defendant, under the influence of alcohol, is deemed to have sexual intercourse with a victim who is in a state of mental disorder or impossibility to resist, and the nature of the crime is not weak. The victim, due to the instant crime, seems to have caused severe mental shock and sexual humiliation.

The circumstances favorable to ○: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of criminal punishment; (c) the Defendant does not want to punish the Defendant; and (d) the Defendant’s family and branch members wish to have the Defendant’s wife against the Defendant, and thus, seems to have relatively obvious social ties between the Defendant and the Defendant appears to have been registered and submitted. Personal information is required to be submitted.

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