A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On February 9, 2007, the Defendant was sentenced to two years of imprisonment by the Gwangju District Court for a violation of the Automobile Management Act, etc. on November 2, 2007, and was sentenced to six months of imprisonment by the same court due to occupational embezzlement, etc. on November 2, 2007, and completed the execution of the sentence on October 18, 2008.

Although the facts charged are not included in the facts charged in the instant case, even if the facts charged by the Defendant, which are the grounds for aggravated repeated crimes, do not constitute the facts charged but merely constitute the grounds for sentencing, deliberation and determination may be made, and even if the indictment does not include the provisions applicable to the aggravation of repeated crimes, the court may ex officio punish the Defendant as a repeated offense by applying the aforementioned provisions (see, e.g., Supreme Court Decisions 2015Do6147, Jul. 9, 2015; 2006Do3194, Jul. 27, 2006). “The facts charged by the Defendant, which are the grounds for aggravated repeated crimes, are not indicated in the indictment.”

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On July 15:00, the Defendant, at the H convenience store operated jointly with the wife G located in Gwangju Mine-gu, Gwangju, around 15:00, the Defendant: (a) was frighted with the victim I (the victim I (the 14 years old at that time, and the 14 years old); (b) was willing to commit an indecent act against the victim beyond the victim; and (c) was frightd with the victim’s body following the victim’s body and causing the injury, and was frightd with the victim’s chest by hand.

Accordingly, the defendant committed an indecent act against the juvenile victim.

B. On August 2014, around 20:00, the Defendant: (a) committed an indecent act with the victim’s entrance into a store; (b) brought the victim into a warehouse; and (c) brought the victim with both arms into a warehouse; and (d) laid the victim’s hand over the Defendant’s hand at retail between half and retail of the victim’s own damage; and (b) laid down the victim’s hand with the victim, etc.

Accordingly, the defendant committed an indecent act against the juvenile victim.

2. The Defendant, while committing rape, sent close to the J that he became aware of while living at the workplace in 2010, assistance to K (W, 27 years old) of pregnant wife of the J.