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 January 1, 2017, at the defendant's house located in Seocho-gu, Seoul and 1206, the defendant drinks alcohol together with D, his female-friendly job offers E (V, 23 years of age), and the above D and the victim exceeded the victim's right side on the part of the victim, and had sexual intercourse with the victim.

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 victims E;

1. Request for appraisal or response to a request for appraisal;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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 among 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 an order of 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 being punished for a sexual crime before the instant crime was committed, and the Defendant’s crime was committed mainly, and there is a habit for a sexual assault that is likely to have been committed contingently during his/her main crime;

It is difficult to recognize the defendant's personal information, the registration of the defendant's personal information, and taking lectures to treat sexual assault can expect to some extent the effect of preventing recidivism.

In full view of all the circumstances such as the profits expected and the preventive effects expected by the disclosure and notification order, disadvantages and side effects of the defendant's personal information, there are special circumstances that the disclosure and notification of the defendant's personal information should not be made.

The defendant who is registered with new information is found guilty of the crime in the judgment.