A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal record] The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") shall be released on December 24, 1998 and released on February 16, 1999 while serving in prison for ten years on May 19, 198 after having been sentenced to imprisonment with prison labor for robbery, injury, etc. at the Seoul Southern District Court. The period of parole expires on February 16, 1999. The criminal records of the defendant who is a cause for repeated crime do not correspond to criminal facts, but merely correspond to sentencing. Thus, even if they are not stated in the indictment (see, e.g., Supreme Court Decision 2006Do3194, Jul. 27, 2006). Article 3 of the Special Act on the Punishment of Specific Crimes provides that "in cases where a specific violent crime is again committed within three years after the completion or exemption of its execution, punishment shall be aggravated by up to two times the long-term and short-term punishment provided for in Article 3 of the Criminal Act."

[See Supreme Court Decision 2012Do6154, 2012 Jeondo126, Jul. 5, 2012] The prosecutor stated the criminal records on the premise that the facts charged in the instant case constitute a repeated crime as prescribed by Article 35 of the Criminal Act. However, the Defendant has such criminal records, and such criminal records constitute Article 2(1)4 of the former Act on Special Cases Concerning the Punishment of Specific Crimes (amended by Act No. 7653, Aug. 4, 2005). The instant facts charged in the instant case constitute Article 2(1)4 of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.