A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On July 1, 2016, around 04:18, the Defendant discovered the victim E (one, two-six years of age) who sited in the entrance stairs of the same building while drunking around the D'D' restaurant located in Gangdong-gu Seoul Metropolitan Government, and moved the victim to Gelel located in Gangdong-gu Seoul Metropolitan Government F.

On July 1, 2016, between 04:30 and 16:00, the Defendant: (a) had sexual intercourse with the victim, taking advantage of the victim’s state of impossibility to resist by drinking alcohol; and (b) had sexual intercourse once with the victim, taking advantage of the victim’s state of impossibility to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to E (the identity of a victim);

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to a report on internal investigation (field search and investigation), a photo, etc. inside and outside the telecom, a criminal investigation report (on-site CCTV), and a CCTV-cape photograph, CCTV image data CD, a criminal investigation report (in cases where the victim was located and a photo of the entrance of the building);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have no record of criminal punishment for sexual crimes prior to the instant crime, and the social relation is clear when considering occupation, residence, and family relationship, and the defendant’s recidivism risk seems to be reduced by taking account of the registration of personal information and taking lectures in sexual assault treatment alone.

Therefore, when comparing the preventive effects and side effects expected by the disclosure order or notification order to the accused, the personal information of the accused is disclosed.