A defendant shall be punished by imprisonment for two years.

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

Criminal facts

From March 23, 2018, from March 24, 2018, to March 00:30, 2018, the following day, the Defendant moved to the house of the victim who is located in the Suwon-si Line using a taxi to take the victim by drinking during the period from March 24, 2018, and by drinking until March 24, 2018.

From 02:40 to 03:00 on the same day, the Defendant confirmed that the victim was diving at the victim’s house, used it to have sexual intercourse with the victim, and exempted the victim’s clothes from all, and added the Defendant’s sexual organ into the sound book.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (emergency execution);

1. Application of Acts and subordinate statutes on medical records for victims of sexual assault, such as the key crinor of an emergency device for collecting evidence of sexual assault;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order to notify, and an order to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant was not punished for any crime, including any sexual crime, before the crime in this case is committed and thus, there is no risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the effect of preventing recidivism can be limited to the registration of personal information on the defendant and taking lectures in sexual assault treatment.

In light of the defendant's age, career, etc.