A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 2017, the Defendant, at the house of the victim E (n, 24 years of age) located in Jeju-si, had the victim drink with the victim, had the victim go under the influence of alcohol, went off the part of the victim, and then inserted the Defendant’s sexual organ into the part of the victim’s sexual organ, thereby having sexual intercourse with the victim by taking advantage of the fact that the victim was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a record of telephone communications;

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 for Reduction of Quantity [The punishment of a fine of 700,000 won is imposed on a defendant for a violation of the Punishment of Violences, etc. Act (joint injury) in 2014; considering the fact that there is no other criminal record; and the fact that a victim does not want the punishment of a defendant at present by mutual consent with the victim];

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 a sex crime before committing the instant crime, and the Defendant’s conviction judgment and personal information registration, and lectures in treatment of sexual assault may have the effect of preventing future re-offending by the Defendant;

In full view of the facts revealed in the records, such as the defendant's age, occupation, social relation, details and circumstances of the crime of this case, benefits and preventive effects expected by the disclosure order or notification order to the defendant, and disadvantages and side effects resulting therefrom, the defendant's personal information shall be subject to consideration.