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

On May 24, 2018, the Defendant worked as a director of the “C” entertainment drinking club in Gangnam-gu Seoul and managed the attendance, payment of wages, etc. of female employees, and around May 23:43, 2018, the victim D (the victim 23 years of age) who is female employee of the entertainment drinking club in Gangnam-gu, Seoul, was fleeped to sound and return to the string, and the victim was fleeped to the “F” Ma in Gangnam-gu, Seoul.

After having arrived at the above telecom, the Defendant: (a) had male employees enter his/her place of business, have a male employees enter the telecom room; (b) taken the victim on the part of the bed; and (c) taken the victim on the part of the bed; and (d) decided the victim’s refusal to resist; and (c) arranged his/her own work on an entertainment drinking house in order to have the victim sexual intercourse by using the victim’s state of refusal to resist; and (d) went back to the above telecom on May 25, 2018; and (e) had sexual intercourse once with the victim’s clothes that he/she was diving.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (MoCCTV Investigation Do1), investigation report (written request for appraisal by the National Institute of Scientific Investigation) and investigation report (electronic re-inspection);

1. Application of the Acts and subordinate statutes to notify the CCTV CDs, records, sound recording files CDs, and the results of appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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 consideration shall be made again for the reason of sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. An order of disclosure; and