A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 02:30 on June 13, 2016, the Defendant: (a) committed similar rape in a way that, in front of a container gambling room located in C, the Defendant reported the victim D (the victim 45 years old), who was introduced through the preceding scambling, kiddds the victim themselves; (b) kids the victim; and (c) kids the chest, and continuously collected the finger during the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Act and subordinate statutes to investigation reports (as to the attachment of recording records);

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Where a conviction of a criminal of sexual assault who is subject to the registration of personal information of this case under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012).