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 C are the same as high school, and the victim D is the female-friendly Gu of C.

On December 9, 2017, the Defendant came to have a drinking place with the Defendant’s woman-friendly Gu, C, and the Victim at the family located in Pakistan-si, Gyeonggi-do on December 9, 2017, and continued to move to the dwelling of the Defendant and the Defendant’s woman-friendly Gu, the Defendant, and the Defendant’s woman-friendly Gu, and the victim got out of the dwelling.

At around 01:40 on December 10, 2017, the Defendant: (a) moved from diving to a ward; and (b) laid down the victim’s arms, chests, fluor, and fluor, which were locked by C during toilets; and (c) laid off the victim’s body and inserted the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with another person by taking advantage of his mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A report on investigation (in voluntary submission by a victim's panty and photographing of appraisers);

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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 (Article 62 (1) of the Criminal Act on the following grounds 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 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 same criminal history as the defendant has no same criminal history;

In addition, the crime of this case alone has a criminal tendency against many unspecified persons of the defendant.

It is difficult to readily conclude sexual assault and recidivism.