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

Around May 18, 2018, the Defendant met with the victim D (one's name, two years of age, 22) who was friend B and her women-friendly C and her women's after-age, and continued to drink with the above C's house.

On May 19, 2018, the Defendant: (a) around 05:30 on May 19, 2018, at the residence of the above C in Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) Dackeded the victim under the influence of alcohol against the victim’s will; (c) exceeded the victim’s inner part against the victim’s will; and (d) exceeded the victim’s will and her inner part of the victim’s inner part; and (c) added the Defendant’s

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (alias), C, and B;

1. Each written request for appraisal;

1. Application of statutes on site photographs;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 notify, and Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any history of criminal punishment. In light of the details, methods, mode, etc. of the instant crime.