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

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

Punishment of the crime

The Defendant entered April 27, 2016 with his non-professional employment (E-9-1) status as a non-professional employment foreigner with his Korean nationality and is working in the D “D” located in Spocheon-si C.

On October 3, 2017, around 09:10 on October 3, 2017, the Defendant: (a) taken sobry “F” in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) taken drinking in the water surface of male on the five-story male floor, and (c) taken the victim G (35) in a state of mental and physical loss, so as to have lockedly rape; (d) taken off all the body of the victim; and (e) took off the victim’s back, and tried to put him/her off, and put him/her in his/her mouth into the suffering of the victim, but the victim attempted to have the wind out.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s mental and physical loss.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Articles 300, 299, and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The sentencing shall be considered in light of the circumstances in which the sentencing is favorable to the attention);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The sentencing has been repeated for more favorable reasons);

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant seems to have lost the effectiveness of taking sexual assault treatment lectures because the defendant does not facilitate communication through Korean language as a foreigner of the Republic of Korea.

If this judgment becomes final and conclusive, it is reasonable to be forced to leave the Republic of Korea through procedures under the Immigration Control Act.

In light of these circumstances, there are special circumstances in which the defendant is unable to impose an order to attend a lecture.

Since it is judged, the defendant is exempted from the imposition of an order to attend the course)

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, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.