A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 20:00 on March 11, 2014, the Defendant’s trade name near the Jung-gu Seoul Central University 30 Dong-dong, Jung-gu, Seoul, where the trade name cannot be known, and the victim D (n, 20 years of age), E, F, and G, who is a subsequent student of the school, after drinking alcohol together with the victim D (n, 20 years of age), E, F, and G, and the above behaviors, including the Defendant, moved to the studio of the H building 1201, Seoul, which is the residence of the above E, and the victim under the influence of alcohol first locked.

피고인은 2014. 3. 12. 03:00경 위 E의 주거지에서, 술에 취하여 잠을 자고 있던 피해자의 옆에 누워 피해자의 입에 키스를 하고, 윗옷 안으로 손을 넣어 가슴과 젖꼭지를 만진 후 피해자의 손을 잡아 피고인의 팬티 속으로 넣어 성기에 접촉하게 하고, 계속하여 피고인의 손가락을 피해자의 음부에 넣어 흔들면서 만지는 등 피해자가 술에 취하여 잠을 자고 있어 항거불능 상태에 있음을 이용하여 유사강간을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written statement of E and G;

1. Letters of suspect and Stockholm evidence submitted on the part of the victim;

1. Application of the Acts and subordinate statutes of the record of telephone conversations between the suspect submitted by the victim and the male-child ward;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from a Notification Order, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse provides personal information as one of the grounds for exception to a Notification Order.