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 May 28, 2015, the Defendant was a victim E (the victim is 18 years old or under 19 years old on the basis of the date of the instant crime, or 19 years old or under the first day of January of the year in which she reaches 19 years old as of the date of the instant crime, and the victim is 19 years old or under the proviso to Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the victim does not constitute “child or juvenile” under the aforementioned Act pursuant to the proviso to Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

On the other hand, the defendant was found to have been able to talk with the victim's chest in front of the studio in front of the studio, left the victim's chest in front of the 201:00 day following the day after the 01:00 Gel 210, the Busan Jel F, and got off the victim's clothes in a non-fluence state under the influence of alcohol, and interfered with the victim one time after the fluence.

Accordingly, the defendant had sexual intercourse with the victim who was in an impossible state of resistance once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each police investigation report (including attachment of CCTV images on the result of a response to a request for genetic appraisal), the application of Acts and subordinate statutes (including attachment);

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 (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.

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 under Order to provide community service and attend lectures;

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, and 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’s characteristic, such as Defendant’s age, occupation, and risk of recidivism, and the type, motive, process of the instant sexual crime, consequence, seriousness of such crime, etc.)