[Defendant-Appellee]

However, the execution of the above punishment shall be suspended for two 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.

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

At around 10:00 on April 1, 2018, the Defendant discovered the victim D (such as 20 years of age, 20) who sited in the influence of alcohol on the front of the “C club” in Seocho-gu Seoul, Seocho-gu, and was unable to walk properly, and she was working for the above victim, etc., and fel G in the same Gu E, she was felged by the victim, and she was fel G in the same Gu, and she was fel G in the same Gu, and then laid off the clothes of the victim, who was unable to drive the spirit of alcohol, and inserted the sexual organ into the sound part of the victim.

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. Statement of the accused in the first protocol of trial;

1. Statement made by the police in relation to D;

1. On-site reports, investigation reports (in relation to the responses to the victim's gene assessment reports), investigation reports (in relation to the attachment of a photograph after the analysis of theCCTV by capturing it);

1. Application of victim photographs and CCTV CD-related Acts and subordinate 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. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; 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 [it is difficult to conclude that there is no past record of criminal punishment for sexual crimes prior to the instant case; and that there is a high risk of repeating a sexual crime. Moreover, the Defendant’s imprisonment with labor, registration of personal information, orders to attend school for the treatment of sexual violence, and restrictions on employment against children and juveniles-related institutions, etc. appears to have the effect of preventing recidivism. In full view of the Defendant’s age, environment, family relationship, social relationship, method and consequence of the crime, disclosure order, the degree and expected side effects of the Defendant’s entry due to the disclosure order, and the effect of protecting the victims, it is determined that there is no special circumstance to issue an disclosure order or notification order to the Defendant].

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 Sex Offenses, Type 1 (General Rape)

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

[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 age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant under the influence of alcohol, resulting in sexual intercourse with the victim who is in a state of mental disorder or inability to resist, and thus, 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.

The circumstances favorable to ○: The Defendant recognized the instant crime, and is against the Defendant. The Defendant did not have any record of criminal punishment prior to the instant case. The victim does not want to punish the Defendant. The Defendant’s family and branch members, who want to take the Defendant’s wife, seems to have relatively obvious social relationship.

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 Doese

Judges Park Young-chul