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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 01:00 on January 16, 2016, the Defendant, at the main point of “D,” located in Kangsung-gun, Gangwon-gun, Gangwon-do, where the victim was unable to walk properly while drinking together with the victim E (W, 21 years old) and F, who was a woman of his or her mother, and the Defendant was working for the victim and her mother. As seen above, the victim was in the state of drinking while working for the Defendant, etc.

The Defendant, at around 02:30 on the same day, engaged in sexual intercourse with the victim by cutting off the clothes of the victim in order to care for earth and sand held in the victim’s clothes at the 307 heading room located in Sungwon-gun G, Gangwon-gun, with the intent of having the victim engage in sexual intercourse with the victim when the victim was in a state that he was in the custody of his clothes, cutting off the part of the victim’s clothes, and cutting off the part of the victim’s clothes one time, and cutting off the part of the victim’s clothes, making it impossible to resist the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered his/her personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders 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 punishment for sexual crimes, and thus, risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for sexual crimes)

It is difficult to conclude this Court.