A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] On September 1, 2016, the Defendant was sentenced to three years of imprisonment by the Jeju District Court for quasi-indecent acts, etc., and completed the execution of the sentence on May 12, 2019.

【Criminal Facts】

피고인은 2020. 2. 6. 06:50경 성남시 분당구 B 지하 1층에 있는 ‘C’에서 바닥에 매트를 깔고 잠을 자고 있던 피해자 D(여, 37세) 옆으로 다가가 피해자에게 밀착하여 누운 다음 피고인의 성기를 꺼내 자위를 하고, 피해자의 가슴을 손으로 만지고, 음부에 손가락을 집어넣은 다음 수회 넣었다가 빼는 것을 반복하고, 혀로 피해자의 유두를 핥았다.

Accordingly, the defendant has committed similar rapes against the victim in a state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each investigation report (for the victim's counter telephone confirmation case, on-site ctv video extraction analysis case, hearing of victim's telephone statement), ctv closures and photographs;

1. Previous records: Criminal records, etc. inquiry reports and application of each investigation report (related to the expiration date of the term of punishment for a suspect, the fact that the suspect is a repeated crime, and the previous and confirm thereof);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The scope of punishment by law: Two to fifty years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(a) Aggravation of rape [Class 1] general rape (special rape]: Aggravation of rape (special rape).