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

The defendant and the victim C(n, 22 years of age, 10 years of age) are the first space in a club.

On January 28, 2018, the Defendant, at around 04:40 on the Gyeonggi-si Building and the “E main store” located on the second floor, carried the two-lane alcohol with the victim, was under the influence of alcohol, and the victim was under the influence of alcohol, and was under the influence of “G” located in the same Gu F, around 05:00 on the same day, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of the Acts and subordinate statutes on CCTV for crime prevention and response to a request for appraisal;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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 fact that the defendant has no record of criminal punishment for the same crime, and the defendant has no record of criminal punishment for the same crime, and the defendant's personal information registration for the defendant and lectures to treat sexual assault can have an effect on the prevention of recidivism

In addition, considering the Defendant’s age, family environment, social relationship, details, circumstances, and result of the instant crime, prevention of sexual assault crimes subject to registration that may be achieved by an order of disclosure disclosure, the effect of protection of the victim, and the degree of disadvantage and anticipated side effects on the Defendant’s entry due to an order of disclosure disclosure, there are special circumstances that may not disclose the Defendant’s personal information.

[Determination]

1. The protection of children and juveniles against sexual traffic who are exempted from employment restrictions orders;