The defendant's appeal is dismissed.

The period of the registration of personal information against the defendant shall be ten years.

1. The decision of the court below on the gist of the grounds of appeal (the 3 years of suspended execution, the observation of protection, the community service order 160 hours, and the 40 hours of lectures to treat sexual assault) is too unreasonable.

2. It is recognized that the Defendant committed the instant crime by contingently in mind that the victimized person’s spouse is out of the Republic of Korea; the Defendant committed the instant crime by divorce with the victimized person after the commission of the crime; and the victim appears to have been compensated for certain damages; and the victimized person does not want the punishment of the Defendant by agreement with the injured person.

However, according to the circumstances such as the following: (a) the Defendant knife the body of the victimized person, and committed the assault and intimidation, and the method of committing the instant crime is very dangerous; (b) the victim appears to have suffered considerable mental impulse due to the instant crime; and (c) the Defendant has cut off the victim’s conspiracy; (b) the Defendant appears to have suffered considerable sexual humiliation; and (c) the Defendant committed the instant crime even though he had been punished several times by violent crimes, it is reasonable to place the Defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. As such, the Defendant’s appeal is without merit and dismissed pursuant to Article 364(4) of the Criminal Procedure Act. If a conviction of an indecent act held in the judgment becomes final and conclusive, the Defendant is 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 agency pursuant to Article 43 of the same Act.