A defendant shall be punished by imprisonment for three years.

For the accused, the completion of the sexual assault treatment program for 80 hours and 5 years.

Criminal facts

On August 2, 2018, at around 01:05, the Defendant: (a) committed rape to the victim C (at least 20 years of age) who passed his seat in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) followed by the 150th anniversary of the 150th anniversary of the Act on the Prevention of Disasters; (c) led the victim to the vehicle behind, and (d) led the victim to the vehicle behind, and (e) led the victim to the death of the string.

“Intimidating the victim’s resistance by assaulting the victim’s body by threatening him/her, blocking him/her from suffering the victim’s body, and suppressing the victim’s resistance, he/she tried to rape the victim by exposing the victim’s clothes from the victim’s view and exposing his/her fingers within the victim’s body and inserting his/her fingers into the victim’s body. However, even though the victim’s secret was attempted to rape upon the victim’s report by a nearby resident, the police officer did not come to commit it with the wind called out by the police officer on his/her own.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (the telephone conversations (the telephone conversation No. 4 and No. 8 on a net time), the field search, and the interview of persons who have filed a report);

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Grounds for sentencing under the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. Three to thirty years in case of imprisonment with prison labor within the applicable range;

2. The sentencing criteria shall not apply because the scope of the recommended punishment according to the sentencing criteria is minor.

3. The crime of this case committed by the defendant for three years, who had been sentenced to imprisonment, committed by the police at the time of the new wall by assaulting and threatening a female victim at the time of the new wall, thereby coercing the victim to engage in sexual intercourse at the time of the suppression of the resistance, is committed by the general public.