A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The Defendant was sentenced to five years of imprisonment with prison labor for robbery in the Daegu District Court Port Branch on March 18, 2010 and completed the enforcement of the sentence on January 21, 2015.

When the Defendant lacks the ability to discern things or make decisions due to alcohol abuse, emotional unstable personality disorder, etc., the Defendant: (a) committed an indecent act by force against the victim, by: (b) on November 7, 2015, at the south-gu Seoul Metropolitan City Parking Lot around 02:05, the Defendant: (c) stated that the victim D (nick, 26 years of age) who was returning home would be able to sustain with the victim’s hand, and (d) would be able to keep him/her out of the floor of his/her hand; (b) led the victim to force him/her to withdraw his/her property from the victim; (c) the victim was forced to have no money; and (d) the victim’s body was forced to take the victim’s body by force on his/her hand, such as breaking his/her hand, and then forced him/her to take the victim’s body by force.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Photographs of video data from CCTV around the site;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the identity of the suspect, confirmation, and attachment of judgment);

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 333 of the Criminal Act (the point of attempted robbery) and Article 298 of the Criminal Act (the point of forced indecent act and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (limited to the proviso of Article 42 of the Criminal Act for the attempted robbery);

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (a mental emotional testimony against the Defendant is diagnosed as “an unstable personality disorder” and “an abuse of alcohol” with the mental symptoms, such as unstable emotional, confusion of identity, chronic public perception, impulses, and uncontrol, and other factors as the Defendant’s statement attitude or alcohol abuse, in full view of the following: (a) the Defendant’s mental symptoms and alcohol alcohol.