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

On January 22, 2019, from around 02:35 to 05:49 on the same day, the Defendant, at the C parking lot located in Suwon-gu, Suwon-si, Suwon-si, and as well as D, victim E (name, leisure, 33 years old) that came to know in the course of traveling in China, carried alcohol at the beer house near the beer, and then put the victim under the influence of alcohol, placed the victim under the back of the cruise car owned by the victim, and then put the victim into the back of the cruise car owned by the victim, said D, said D, said D, said D, she would have the victim go home, said D, she would have the victim go home, and said D, said D, said D, said she was off the victim’s fright and panty, and inserted the Defendant’s sexual flag into the victim’s sexual flag.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Legal chemical appraisal report and gene appraisal report;

1. Application of Acts and subordinate statutes to the suspect, victim, witness D and a photograph of the Kakakao Stockholm conversation course to the victim;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 and the main sentence of Article 59-3 (1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018);

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 and an order of 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 punishment for the same criminal record, and the defendant can be punished by imprisonment with labor (the suspension of execution of sentence, registration of personal information, an order to attend school for the treatment of sexual assault, and an order to restrict employment against the defendant.