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

The defendant is the husband of the victim B (here, 25 years of age) who is the husband of the victim C.

On January 5, 2020, the Defendant, at the defendant's house located in Gangseo-gu Busan Metropolitan Government D apartment E, performed drinking with C, the victim, and all other persons except the victim enter the room. The Defendant, at the ward's house located in Gangseo-gu Busan Metropolitan Government D apartment E, was sexual intercourse by putting his sexual organ into the victim's sexual organ after she was exempted from the victim's will and clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Records of seizure and the list of seizure;

1. The application of each request for appraisal by Acts and subordinate statutes (referred to 9, 12);

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant had no record of punishment for a sex crime prior to the instant case; and it is difficult to readily conclude that the Defendant has a risk of recidivism of a sexual crime, in light of the circumstances of the crime, etc.; the Defendant’s suspension of execution of imprisonment with labor, registration of personal information, orders to attend sexual assault treatment, orders to provide community service, etc.; and the Defendant’s age, occupation, and occupation are expected to prevent recidivism to a certain extent.