However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

피고인은 2017. 3. 18. 01:12 경 경주시 C에 있는 D 모텔 605호에서 피해자 E( 여, 42세) 와 술을 마시다가 피해자가 집에 돌아가려고 하자, 손으로 피해자의 왼뺨을 1회 때려 피해자를 침대에 쓰러뜨린 후 이어서 손으로 피해자의 오른뺨을 1회 때리고 “ 가시나, 가면 죽는다.

After doing so, she was unable to resist by putting 2,3 fingers on the part of the victimized person’s sexual intercourse, she was raped by inserting 2,00 fingers into the part of the victimized person’s sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of a defendant; (b) 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 fact that the defendant has no record of criminal punishment for sexual crimes; and (c) the background and result of the instant crime; and (d) the degree of disadvantage and anticipated side effects of the defendant’s injury due to an order to disclose or notify the information, there are special circumstances that

If a conviction is finalized against similar rape in the judgment that is a sex offense subject to registration of new information, 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 thus, personal information is provided to the competent agency pursuant to Article 43 of the same Act.