A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

Around 05:00 on July 2, 2018, the Defendant, at the office of the Defendant located in Seosan-si building B and the Defendant’s house located in C, exceeded the Defendant’s clothes under the victim’s clothes under the influence of alcohol and inserted the Defendant’s sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure Order and Notice Order and the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction 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; Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); the Defendant has no record of punishment for sexual crimes; the instant crime alone does not appear to have a criminal tendency against many unspecified victims; the Defendant’s age, family environment, social relationship, details of the crime; the details of the crime after the crime; the degree and side effects of the order and adverse effects of the Defendant’s injury after the disclosure order or employment restriction order.