A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an obscene crime at the Seoul Northern District Court, and completed the execution of the said sentence on May 15, 2016.

The defendant, around June 2, 2016, passed at the front of Seongbuk-gu Seoul, Seoul at around 21:00, where he/she lapsed.

D(n, 28 years of age) made a patently obscene act by getting out of her sexual organ and trying to commit a self-defensive act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation and report of the period of repeated offense against a suspect), and the current status of acceptance by an individual;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. As to the Defendant’s argument regarding Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant and the defense counsel asserts to the effect that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Recognition of the crime and reflectivity - The Defendant has been punished five times in the name of the same crime, three times in imprisonment, and there is a possibility of criticism during the period of repeated crime.