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 November 23, 2018, at around 04:00, the Defendant 1 and 23 years old-si B apartment C, together with the victim D (the name, scam, and 23 years old). From around 05:00 of the same day to around 09:19 of the same day, the Defendant had sexual intercourse with the victim by cutting off the clothes of the victim in depth and inserting her sexual organ into a state where he/she is unable to resist because he/she was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim, E, and F;

1. Each investigation report (the ctv verification at the place of occurrence, the G verification of a victim, and the verification of voice files submitted by a victim);

1. The application of each ctv photograph, table of appraisal request, G message, sound recording photograph, cd (Evidence No. 10 pages 10) statute

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. In light of 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 there is no history of sex offense against the accused, and other personal character, character, environment, social relationship, etc. of the accused, it seems that the suspension of the execution of imprisonment, the order to attend a lecture, and the registration of personal information of the accused can cause the effect of preventing recidivism of the accused. It is determined that there is a special circumstance in which the disclosure or notification of personal information shall not be disclosed or notified in full view of the degree of disadvantage and anticipated side effects of the accused's disadvantage due to an order to disclose

6. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from employment restriction orders;