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

On March 5, 2017, the Defendant: (a) around 06:00, at the victim F (n, 34 years of age) located in Mapo-gu Seoul, and (b) at the victim F (n, 34 years of age); (c) at the victim’s residence in Mapo-gu Seoul, a person who was under the influence of alcohol was exempted from the crepit of the victim’s lower part; (d) added his finger to the victim’s negative part; and (e)

Therefore, the defendant has sexual intercourse by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to legal and chemical appraisal statements and gene appraisal statements;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. The reason for sentencing of a criminal defendant's personal information is difficult to readily conclude that the risk of recidivism is high in light of the fact that the criminal defendant has no record of punishment due to a sex offense, and orders to register his/her personal information, observe the protection, and take lectures in the treatment of sexual assault, as well as order to prevent recidivism. In addition, comprehensively taking account of the profits expected by the disclosure or notification order and the effect of prevention, disadvantages and side effects that the criminal defendant's personal information is expected to be disclosed or notified, there are special circumstances where disclosure or notification of his/her personal information should not be disclosed or notified (in light of the fact that the criminal defendant has no record of punishment due to a sex offense)

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Application of the sentencing guidelines [the types of decisions] The first type (special rape) of the crimes of rape (the persons subject to at least 13 years of age) (the special sentencing sentencing factors): the scope of mitigation of punishment [the decision on the recommended area] the scope of mitigation of punishment [the scope of recommendation] one year and six months to three years.

3. The defendant who made a decision of sentence shall be a victim who has trusted and expressed his will.