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

At around 22:00 on May 6, 2020, the Defendant came to be unable to resist due to the following reasons: (a) around 22:00, at the “C” restaurant located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seo-gu; (b) on the same day, the Defendant took the second round of drinking at the “F” restaurant located in E, including the victim D (name, leisure, 22 years old); and (c) on the same day at around 23:52, the Defendant took the second round of drinking at the “F” restaurant; and (d) during the said meal process, the Defendant was unable to walk properly

7. At around 01:56, the victim had sexual intercourse with the victim using the victim’s state of impossibility to resist, by taking the victim’s sexual organ into the victim’s sound part, putting him/her on the door-gu G building H, Seo-gu, Seocheon-gu, Seocheon-si, and putting him/her out of clothes, and inserting his/her sexual organ into the part of the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Domestic investigation reports, investigation reports (in relation to the victim's DNA emergency keys), investigation reports (in the form of a suspect, victim's body appearance, and a photograph-fag to enter the Gel on board a taxi), investigation reports (in response to a aquatic gene assessment report));

1. Requests for genetic testing, response to requests for appraisal, and written genetic testing;

1. 112 case report management table; and

1. Application of Acts and subordinate statutes to field photographs, victim boom photographs;

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 extenuating circumstances among the reasons for 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. It is due to the Defendant’s age, motive and background leading up to the instant crime, process of the instant crime, disclosure, and notification order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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).