A defendant shall be punished by imprisonment with prison labor for up to six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to 6 months of imprisonment with prison labor for the crime of causing property damage, etc. in the Jinyang Branch of the District Court on February 18, 2018 and completed the execution of the sentence in the Ansan Prison.

Since the facts of the criminal record of the defendant who is the reason for aggravation of repeated crime are not criminal facts but merely reasons for sentencing, it may be tried and judged even if not stated in the indictment, and the prosecutor omitted the applicable provisions for aggravation of repeated crime in the indictment while the defendant is prosecuted.

Even if the court applies this ex officio, the defendant may be punished as a repeated offense (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 1971; 2006Do3194, Jul. 27, 2006). In addition, the court determines the repeated offense described in the judgment against the defendant and the repeated offense ex officio.

【Criminal Facts】

1. Indecent acts by compulsion;

A. On February 26, 2019, around 08:50 on February 26, 2019, the Defendant committed the crime and committed an indecent act against the victim (the age of 36) who was under confinement in the KJ of the KJ of the KJ of the medical institution by stating that the victim’s sexual intercourse with his/her own hand was “Icele, Icele,” and the victim’s sexual intercourse with the victim’s sexual intercourse with his/her own hand at around 18:00 on the same day, and committed an indecent act against the victim by taking the victim’s sexual intercourse with his/her own hand.

B. On February 27, 2019, the Defendant, at around 18:00 on February 27, 2019, placed the victim on the floor at the same place as paragraph (a) of Article 1, and committed an indecent act against the victim on his/her own hand, with his/her sexual flag and turbane, when he/she was on the inside.

C. On February 28, 2019, the Defendant, at around 18:00 on February 28, 2019, placed the victim on the floor at the same place as paragraph (a) of Article 1, and committed an indecent act against the victim by leaving the victim on the floor, with his/her own hand, during the day he/she was hacking, with his/her ket.

2. A quasi-indecent act by compulsion on March 1, 2019: (a) on March 1, 2019, the Defendant was living together with the victim who was diving at the same place as the A.M. 1’s (A).

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

Summary of Evidence

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