A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Criminal facts

On October 2, 2013, a defendant and a person to whom an order to attach an electronic device was requested (hereinafter referred to as "defendant") shall be sentenced to a suspended sentence of three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) at the Daejeon District Court, which became final and conclusive on December 31, 2013, and is currently under the suspended sentence.

【Criminal Facts】

On February 8, 2014, at around 01:00, the Defendant found the victim E (Name, 22 years of age) in the waters room of “Druping soup” located in Daejeon Seo-gu Daejeon, Daejeon, and took advantage of the situation where the victim was unable to resist, and forced the victim to commit an indecent act by taking advantage of the victim’s sexual organ between 5 and 10 minutes.

[Judgment of the court below] The defendant is guilty of having committed a sexual crime on at least two occasions, and the defendant is likely to recommit a sexual crime in light of the background of the crime, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous records of judgment: Inquiry reports, investigation reports (related to attachment of written judgments), copies of written judgments, etc., and report on the previous records of disposition and results of confirmation;

1. The risk of recidivism of a sexual crime: (a) the following circumstances acknowledged by the above evidence and the record, namely, ① the defendant detained in a sexual crime and had the record of being released from a suspended sentence of imprisonment with prison labor; (b) the defendant committed another sexual crime in the judgment of the court below, such as the place of the crime, which was similar in making soup, after the judgment of the suspended sentence became final and conclusive; and (c) the victim of the sexual crime committed by the defendant in the previous case, in consideration of the result of a prosecutor’s examination and the previous case, that the victim of the sexual crime was a male child of 11 to 13 years old, the risk of recidivism of the sexual crime is recognized.

Application of Statutes

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