A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On July 7, 2017, the Defendant, from around 01:00 on July 7, 2017 to around 04:00, brought the victim, who was an employee of the Defendant’s “D” restaurant, drinking after drinking alcohol from around 20 years of age, to the “Gel” in Bupyeong-gu, Incheon.

At around 05:00 on the same day, the Defendant: (a) reported the victim without consciousness at the above 306 heading room; (b) had the female sexual intercourse; (c) had the victim’s clothes in a state of resistance unable to resist due to the drinking; and (d) had the female sexual intercourse once.

Accordingly, the Defendant, as seen above, had sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site reports (on-site reports), investigation reports (on-TV image analysis) (on-TV image analysis) and investigation reports (in response to the results of a request for appraisal);

1. Application of statutes to the fieldCC-TV editing pictures, response to requests for appraisal, and genetic appraisal report;

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 (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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, and the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

In addition, the defendant's age, occupation, family environment, and social relationship, the details, circumstances, and results of the crime of this case, the prevention of sexual crimes subject to registration that may be achieved due to an order of disclosure, the effect of protection of the victim, and the order of disclosure notification, are disadvantageous to the defendant.