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A defendant shall be punished by imprisonment for not less than eight months.
Information on the accused shall be disclosed and notified for a period of three years: Provided, That it shall be disclosed and notified.
Reasons
Criminal facts
On May 25, 2001, the Seoul High Court sentenced the Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) to five years of imprisonment with prison labor for the crimes of the punishment of sexual crimes and the violation of the Act on the Protection, etc. of Victims thereof (Rape, etc.).
In addition, on October 10, 2008, the defendant was sentenced to four years of imprisonment due to rape or bodily injury resulting from rape in the Hongsung branch of the Daejeon District Court on July 16, 2012.
[Criminal facts]
1. On May 14, 2018, the Defendant was forced to commit an indecent act: (a) the Defendant transferred the victim to another side of the victim, who was an employee, to sit and drinked with the victim E (the victim E, 32 years of age, household name) and drinking in D’s car page located in Boli-si, Boli-si on May 14, 2018.
“The victim was asked “,” and the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife by hand
2. On July 3, 2018, at around 02:50, the Defendant: (a) had the victim G in Hongsung-gun F, Hongsung-gun’s “H” entertainment drinking places; (b) had the intent or ability to pay the drinking value; (c) had the victim had the intention or ability to pay the drinking value; (d) had the victim induced the victim, and had the victim paid the drinking value; and (e) had the victim received the victim’s 1 illness, 300,000 won in total, from the victim’s delivery of the drinking value.
Accordingly, the defendant, by deceiving the victim, acquired the total amount of 300,000 won.
[Judgment of the court below in light of the above legal principles and records, the court below erred by misapprehending the legal principles as to sexual crimes and failing to exhaust all necessary deliberations. The court below erred by misapprehending the legal principles as to sexual crimes and failing to exhaust all necessary deliberations, as alleged in the ground of appeal.