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[Criminal Records] On October 11, 2017, the Defendant was sentenced to a suspended sentence of 8 months in Busan District Court for an indecent act committed by force, and the judgment became final and conclusive on the 19th of the same month.

[2] On November 23, 2009, the Defendant: (a) had been under the influence of alcohol in Qing room located on the nineth floor of the Busan Northern Building, Busan Northern Building; (b) had been under the influence of alcohol, and (c) had been under the influence of alcohol so as to have been diving on the corridor; and (d) had been under the influence of alcohol to have sexual intercourse with the victim; (b) had the victim’s will and clothes off, and inserted the Defendant’s sexual organ into the Defendant’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's non-competence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to R;

1. A president of the R;

1. A medical certificate;

1. Transmission of the results of DNA identification data search by DNA identification data;

1. A criminal investigation report (related to photographing the last executive photograph of a victim);

1. Investigation report (on-site confirmation and attachment of photographs at the time of committing the other party to the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of the Acts and subordinate statutes to investigation reports (related case confirmation reports);

1. Articles 299 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 41(1)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11162, Jan. 17, 2012)

1. As to the facts constituting a crime in which Article 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse should be registered and submitted.