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 July 5, 2016, from around 23:40 to 24:00, the Defendant: (a) was drunkd in a plant located in Gangseo-gu Seoul Metropolitan Government D; (b) was placed on the floor by putting a victim E (a person under the age of 53) under the influence of alcohol on the floor; and (c) prevented the victim from holding his/her grandchildren on the floor; and (d) was sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of statements made by the prosecution to E;

1. Article 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) 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 disclosure and notification orders, 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 the Defendant has no record of criminal punishment before the instant criminal punishment, the fact that the Defendant has no record of being subject to criminal punishment before the instant criminal punishment, the registration of personal information ordered by this court, and taking lectures in treatment of sexual assault may have the effect of preventing the Defendant

In addition, comprehensively taking account of the following circumstances: Defendant’s age, risk of recidivism, motive for committing a crime, process of committing a crime, seriousness of a consequence and a crime, degree and anticipated side effect of Defendant’s disadvantage due to an order of disclosure notification, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., Defendant’s personal information shall not be disclosed or notified, and where Defendant’s conviction against Defendant becomes final and conclusive, Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.