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

The Defendant worked together as an employee at the victim C (n, 17 years of age) and D cafeteria.

The Defendant, at around 03:00 on December 22, 2013, at the main point of “F” located in Ulsannam-gu E, Ulsan-gu, the Defendant, while drinking alcohol together with the employees of the “D” restaurant, including the victim C, was unable to hold the body under the influence of alcohol, and the Defendant, at the same time, did not sleep at another heading room of the same 3-story.

In addition, around 09:00 on December 23, 2013, the Defendant entered the “Hel” (hereinafter “Hel”) 510, the victim was under the influence of alcohol and had sexual intercourse once with the victim under the influence of alcohol.

Accordingly, the Defendant, who was under the influence of alcohol, had sexual intercourse once with the victim by taking advantage of the state of the victim's influence to resist, which is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, I, and J

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts;

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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders to attend lectures or provide community service orders;

1. The fact that there is no history of sexual assault against the Defendant under the proviso of Articles 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the Defendant committed the instant crime against his depth, the fact that the Defendant agreed with the victim, and the fact that it seems that a significant decrease in the risk of recidivism can be made through taking courses for sexual assault treatment program, the Defendant’s age, family environment, social relationship, and the disclosure order or notification order of this case.