1. The defendant shall be punished by imprisonment with prison labor for four months;

2. The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On January 19, 2016, the Defendant: (a) around 04:20 on January 19, 2016, around Dong-gu, Gwangju-si; and (b) around the third floor of “D,” the Defendant duplicating the part of the victim E (the 19-year-old age), who was locked, in a set of soup and making soup; (c) took part in the part of the victim E (the 19-year-old age-) in hand, and continued to turn the part of the victim’s her son.

Accordingly, the defendant committed an indecent act by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes concerning photographs and printed materials;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Article 47(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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] general standards shall be limited to the case where the degree of conduct is weak (one month to one year) in the mitigation area (the case of special mitigation) (the case of special mitigation).