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 works as the team leader at the same workplace as the victim D (n, 24 years old) and is a person who was aware of the fact that he/she was appointed as a workplace leader.

From January 25, 2018, from around 23:00 to the following day, the Defendant exceeded the lower limit of the victim under the influence of alcohol, and inserted her sexual organ into the negative part, at the near room of the Felel Lake, Seo-gu, Daejeon, Daejeon.

The victim was under the influence of alcohol and did not seem to have any physical reaction to the defendant's behavior, and the defendant was aware that the victim was unable to get the body under the influence of alcohol, but continued sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each medical certificate, each country, and the water response statute for appraisal;

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 shall be considered for 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) 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 an order to disclose, notify, or restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 50, and Article 56(1) proviso (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse requires careful caution as such order may seriously affect the Defendant. The Defendant has no history of sex crime; the instant crime is not for many unspecified victims; the Defendant’s personal information is registered and personal information against the Defendant in light of the Defendant’s age, occupation, family environment, and social relationship.