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

On June 5, 2015, at around 22:00, the Defendant, along with C, had “Ecom” 309, located in Ecom, Leecheon-si, Leecheon-si, and had “GNA” located in E-si, Leecheon-si, and had “GNA” left for 39 years of age.

Around 02:45 on June 6, 2015, the Defendant, who entered the said telecom 309 room with the victim, was frightened in the house of I and the sea area. Around 03:36 of the same day, the Defendant: (a) was divingd from C’s car parked in the said telecom; (b) around 04:06, C returned from the lane to the above telecom 309 room; and (c) was sexual intercourse by discovering the victim who was under the influence of alcohol and inserting his sexual organ into the part of the victim.

Accordingly, the Defendant, under the influence of alcohol, had sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police on the police;

1. A criminal investigation report (related to the appraisal response of the National Institute of Scientific Investigation) and the application of statutes on the investigation report (related to the analysis of the content ofCCTV);

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 (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 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 history of sex offense, and the Defendant has a criminal tendency against an unspecified number of victims, considering the attitude of the instant crime, etc.;

It is difficult to readily conclude that in this case, only the registration of personal information and participation in the lecture of sexual assault treatment can prevent recidivism by the defendant to a certain extent.

8.3.