A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 11:00 on April 6, 2017, the Defendant, by entering the victim’s house in order to return home the victim who was 501, Gangnam-gu Seoul building C, by taking advantage of the fact that he entered the victim’s house in order to have the victim returned home, and she immediately left the victim’s chest and fright, taken off the victim’s chest and fright, taken off the victim’s clothes, added his sexual organ into the victim’s sexual organ during the victim’s sexual organ, and raped the victim in a non-feasible state by committing sexual intercourse once.

Summary of Evidence

1. Statement by the defendant in court;

1. One-time statement made with respect to D (tentative name);

1. Each investigation report (Evidence List 9, 12, 20);

1. Application of Acts and subordinate statutes to photographed vehicles;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the Defendant has no criminal history of the same kind; the instant crime alone has a criminal tendency against many unspecified persons;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only by taking part in the registration of personal information on the defendant and taking part in sexual assault treatment lectures.

In light of other circumstances, such as the Defendant’s age, family environment, and social relationship, etc., the disclosure notification order has a big side effect on the Defendant’s disadvantage and anticipated side effects, while the sexual crime prevention effect, etc., which can be achieved by the disclosure notification order, appears to be relatively less.