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

At around 20:00 on March 11, 2014, the Defendant’s trade name near the Jung-gu Seoul Central University 30 Dong-dong, Jung-gu, Seoul, where the trade name cannot be known, and the victim D (n, 20 years of age), E, F, and G, who is a subsequent student of the school, after drinking alcohol together with the victim D (n, 20 years of age), E, F, and G, and the above behaviors, including the Defendant, moved to the studio of the H building 1201, Seoul, which is the residence of the above E, and the victim under the influence of alcohol first locked.

피고인은 2014. 3. 12. 03:00경 위 E의 주거지에서, 술에 취하여 잠을 자고 있던 피해자의 옆에 누워 피해자의 입에 키스를 하고, 윗옷 안으로 손을 넣어 가슴과 젖꼭지를 만진 후 피해자의 손을 잡아 피고인의 팬티 속으로 넣어 성기에 접촉하게 하고, 계속하여 피고인의 손가락을 피해자의 음부에 넣어 흔들면서 만지는 등 피해자가 술에 취하여 잠을 자고 있어 항거불능 상태에 있음을 이용하여 유사강간을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written statement of E and G;

1. Letters of suspect and Stockholm evidence submitted on the part of the victim;

1. Application of the Acts and subordinate statutes of the record of telephone conversations between the suspect submitted by the victim and the male-child ward;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from a Notification Order, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides personal information as one of the grounds for exception to a Notification Order.