A defendant shall be punished by imprisonment for three years.

However, the above sentence shall be executed against the defendant for a period of five years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the husband of the victim D (V, 36 years old) and the family relationship between the husband and the workplace.

On January 6, 2018, the Defendant, at a restaurant located in the Haguan-gun of Hagunnam on the 18:00 on around 18:0, he drinked with the victim, the victim’s husband, the company fees, etc. with the victim, and continued to move to the main place in the same area, and went to the residence of the victim after drinking.

At around 03:00 the following day, the defendant, while drinking alcohol with the victim, her husband, etc. in the above 03:00, she was drunkly drunk and divingd by the victim, and both her husband, etc. were drunk, and her husband, etc. were drunk so as to have sexual intercourse with the victim, she was exempted from the clothes of the victim who was under the influence of sexual intercourse with her husband, etc., and she was in sexual intercourse once by inserting his/her sexual organ into the negative part of the victim.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

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 disclosure, notification, and employment restriction orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant did not have any record of punishment for sexual crimes, and the crime of this case is not against many unspecified victims), and the Defendant’s community service and order to attend a lecture alone can prevent recidivism.