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 April 8, 2016, at around 01:04, the Defendant discovered that the victim D (here, 26 years old) was living in a station at the entrance of the Seoul Southern-gu Seoul Metropolitan City, Seoul Southern-ro, Seoul Special Metropolitan City, and did not get any elevator, and that the Defendant was willing to have sexual intercourse with the victim by using the victim's state of exploitation.

The Defendant accessed the victim, stating, “Doing to assist,” and 01:44 on the same day, committed sexual intercourse by leaving the victim’s residence in Gwanak-gu Seoul Special Metropolitan City E-gu. In addition, the Defendant, upon entering the victim’s room, was exempted from all the clothes of the victim who was in a state of resistance impossible to resist, and inserting the victim’s sexual organ into the victim’s sexual organ once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to the criminal place, report on commencement of internal investigation, investigation report (Evidence List Nos. 3), each internal investigation report (Evidence List Nos. 5, 6, 8, 9, 11)

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 motive and background of the instant case, such as the Defendant’s age, the relationship between the Defendant and the victim, etc., the Defendant’s primary offender, the Defendant’s first offender, the Defendant’s personal information is registered, and the order to take a sexual assault treatment program to a certain extent is effective

An order for disclosure, including the fact that it appears; and