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

At around 04:30 on June 25, 2018, the Defendant discovered the victim C (Gain, 22 years old) who is under the influence of alcohol and waits for mixed-water signals while driving a Bn-ro car owned by the Defendant at the intersection where a signal, etc. is located in front of the Madong-gu Seoul, Yangcheon-gu Seoul, Seoul, for the purpose of drinking, and asking the victim for contact while approaching the horse, and asking the victim for contact. The Defendant confirmed that the victim was under the influence of alcohol and was under the influence of alcohol, and confirmed that the victim was under the influence of alcohol, the Defendant was sexual intercourse with the victim, at around 05:0 of the same day following the Defendant’s vehicle flick at the back seat of Yangcheon-gu Seoul, Yangcheon-gu and the second floor, and then sexual intercourse with the victim in the condition of mental disorder at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Report on internal investigation (related to response on the result of request for appraisal);

1. Application of Acts and subordinate statutes to a gene appraisal statement (Evidence records No. 137 pages 137);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 (Act No. 15352, 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); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15452, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 have no record of punishment for sexual crimes, and the registration of personal information alone prevents the defendant from repeating a crime.