A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

around 04:00 on June 18, 2018, the Defendant inserted a sexual organ into the part of the victim’s drinking room with no consciousness by drinking alcohol together with the victim and drinking alcohol, in the “Fsing practice room” operated by the victim E (the victim’s age of 45) on the first underground floor of Seodaemun-gu Seoul Metropolitan Government (hereinafter “Seomun-gu”).

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 for E;

1. Application of the photographic Acts and subordinate statutes to the head of a crime;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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 an order to attend a lecture or community service

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 information, 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 fact that the defendant has no record of being punished for the same crime before committing the instant crime, the fact that the defendant has no record of being punished for the same crime before committing the instant crime, the registration of personal information of the defendant, and taking lectures in treatment of sexual assault

In full view of the overall circumstances, such as the defendant's age, family environment, social relationship, etc., the prevention effect of sexual crimes, etc. which can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may sustain, may be relatively less, there are special circumstances in which the defendant may not disclose and notify personal information.

[Determination]

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018