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

The Defendant is a private assistance in a university dormitory in which a victim B (a family name, female, 18 years old) resides.

The Defendant, around 03:00 on May 5, 2019, she laid the victim in the above dormitory and drinking alcohol together, and went to any guest room of the 6th floor of Gwangju Northern-gu Cirmoth around 06:00 on the same day.

In addition, the defendant exceeded all the clothes of the victim under the influence of alcohol, as soon as the breast part of the defendant was placed, and sexual intercourse was committed by putting the defendant's sexual organ into the victim's sexual organ, and thereby the victim was suffering from sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, and caused injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer against B (a name, a victim), and CCTV images;

1. Application of Acts and subordinate statutes to each gene appraisal statement and opinion statement;

1. Relevant Articles of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime;

2. Article 53 or 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances deemed to be the following reasons for sentencing) of the mitigated amount.

3. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reasons for sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 (the Defendant has no record of criminal punishment yet; the crime in this case is not matched by many and unspecified persons or persons living on the face; the Defendant, as university students, still has a relatively well-being social relationship with his family regardless of the crime in this case; and the risk of recidivism in Korea against the Defendant (K-SOAAS evaluation results).