Attorney C, D

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

The Defendant, from around 01:00 on July 28, 2017 to around 02:25 on the same day, was drunk from the F hotel 411 in Seocho-gu Seoul, Seocho-gu, Seoul, set off off the clothes of the victim G (a person, fel, 21 years old) who was locked in the state of mental disorder, and raped the victim by inserting his sexual organ into the sound part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. G statements;

1. A written appraisal of blood alcohol and each gene appraisal report;

1. Voluntary reporting, quasi-rapeing and investigation report (the result of analysis of CCTV images of the F hotel);

[Defendant and defense counsel acknowledged all the facts charged of this case, but there is no evidence to reinforce the confession of the defendant.

Reinforcement evidence for a confession made by a person to be able to be recognized, even if the whole or essential part of the facts constituting a crime does not reach the degree to acknowledge the whole or essential part of the facts constituting a crime, if it is sufficiently sufficient to recognize that the confession is true, not a processed one, and may serve as indirect evidence or circumstantial evidence (see, e.g., Supreme Court Decision 2001Do1897, Jan. 8, 2002).

The victim stated in the police that the victim 's frighten's frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frightenen frighten frightenen frightenen frighten frighten frighten frightenen frighten frighten frighten frighten frighten frighten frighten floenen fenenen floen fenenen fenenen fenen f.

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297 of the Act

1. Discretionary mitigation1);

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) 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. The Defendant’s personal information registration and participation in the sexual assault treatment lecture alone appears to have the effect of preventing recidivism. In addition, taking account of the Defendant’s age, family relationship, social relationship, the expected profit and preventive effect from an order to disclose or notify the Defendant’s personal information in the pleading of this case, and the disadvantage and side effect therefrom, it is reasonable to deem that there are special circumstances that the Defendant’s personal information should not be disclosed

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 : Additations)

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

3. The crime of this case committed by the Defendant, while under the influence of alcohol, is raped by the victim in a habitual condition, and the nature of the crime is not weak. The victim seems to have caused a large mental shock and sexual humiliation due to the instant crime.

However, the Defendant itself recognizes the objective facts of the instant crime. The Defendant does not want punishment against the Defendant by mutual consent with the victim. Family members of the Defendant want to take the lead of the Defendant, and want to take the preference of the Defendant.

The punishment as ordered shall be determined by comprehensively taking into account the aforementioned circumstances and other factors of sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

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

Judges Kim Gin-young

Judges, Senior Jins

It argues that punishment should be mitigated or exempted for the accused."Self-denunciation"in Article 53 of the Criminal Code means that the accused himself/herself is responsible for the investigation.

Since it is an expression of intent to voluntarily report and seek the disposition on the crime, it is an official inquiry or investigation by an investigative agency.

In response, the statement of facts constituting the crime is only a confession, not a self-drawing, and the report to the investigation agency is voluntary.

The fact that the content of the report does not meet the requirements for establishment of a crime, such as clearly denying the content of the crime.

In the case of days, the number of persons shall not be established, and as long as the number of persons has not been established, the crime shall be committed in the course of investigation or trial thereafter.

Even if there was no room for new self-determination (see, e.g., Supreme Court Decision 2003Do3133, Oct. 14, 2004). The reasoning of the evidence presented in the judgment is as follows.

on August 26, 2017, the defendant is found to have voluntarily attended the investigative agency, but has sexual intercourse with the victim under the police investigation on August 26, 2017.

As long as the victim made a statement that he/she was not in the state of mental disorder and denied the fact of quasi-rape, the number of self-rape

It can not be recognized that the defendant is isolated, and even if the defendant was found to have committed quasi-rape, it can not be regarded as a self-denunciation.

The assertion of the deceased and the defense counsel is without merit.