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

[Criminal Records] On July 1, 2016, the Defendant was sentenced to a suspended sentence of one year for an indecent act committed by force at the Seoul Central District Court, and the said judgment became final and conclusive on July 9, 2016.

[2] On June 23, 2013, at around 00:52, the Defendant: (a) met the victim D (n, 23 years of age) around the first floor of the Seoul Special Metropolitan City Seoul Special Metropolitan City C Building; and (b) performed alcohol with the victim at “E” house located on the fifth floor of the building above the above building; and (c) the victim was unable to keep the mind by drinking alcohol with the victim; (b) around 02:40 on the same day, the Defendant got the victim out of the victim’s pantyty under the Gel 101 located in the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City, and had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. The notification of the discovery of the same fact as DNA identity verification information, the inquiry of a convict DNA personal information, and the transmission of the notification of the results of DNA identity verification data beta search;

1. Each request for appraisal and response (the sequence 18,20 of the evidence list);

1. Details of the entry into and exit from a criminal suspect or a victim of the project;

1. Photographs, etc. of the CCTV suspect;

1. Previous convictions: References to inquiries, reports on the results of confirmation before and after the previous convictions, and application of Acts and subordinate statutes on investigation reports (Attachment to judgment);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is somewhat somewhat committed).