A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant is a person who has worked in a U.S. Research Institute called “C”.

around 19:00 on May 2, 2016, the Defendant, at around 19:0, engaged in an sexual intercourse twice in the victim’s sexual organ at “E” restaurant of the second floor of the building in Gangnam-gu Seoul, with the victim F (at the time, 24 years of age) and meals, and subsequently, in the vicinity of “G”, after drinking alcohol, the victim was unable to grow a mind by drinking alcohol, at around 309 hotel of “I” located in Bupyeong-gu Incheon Metropolitan City on May 3, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A report on internal investigation (to attach a record of J message), internal investigation report (to attach a record of video data);

1. Application of Acts and subordinate statutes, such as record of J messages, editing photographs of video materials, and hotel photographs;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the facts constituting an offense (inclusive of them);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 order to disclose or a 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 for sexual crimes previously committed and thus has a risk of recidivism or recidivism of sexual crimes against him/her;

It is difficult to conclude that the registration of personal information of the defendant and taking lectures to treat sexual assault can bring about the effects of preventing recidivism to some extent.