A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On May 7, 2017, the Defendant, at the home of the Victim E (M, E, 19 years old) located in Suwon-si 101 Dong 2403 (M, E, 19 years old) around 05:00, shooting of the sexual intercourse with the victim following the death of the victim.

Accordingly, the Defendant taken the body of the victim who could cause sexual humiliation or shame as above against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the registration of personal information and conviction of the instant crime subject to the obligation to submit the instant report is confirmed on the observation of protection, community service order and lecture order under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Sexual Crimes, the main sentences of Article 16(2), Article 16(3) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the defendant is not ordered to disclose or notify.