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 April 17, 2020, the Defendant discovered the victim D (the age of 49) who drinks and drinks to the above main points while drinking two alcohols and drinkings at “Cjuk” located in Ulsan-gu B, Ulsan-gu, Ulsan-gu, and drinkings at the above main points while drinking alcohols. On April 17, 2020, the Defendant d (the age of 49) stated the victim's horses, provided the victim's horses, provided the alcohols on behalf of the victim, and provided the payment of alcohols on behalf of the victim and the victim at the above main points.

The defendant returned home first, and the defendant knew that the victim was unable to hold his body under the influence of alcohol, used it so that he could have sexual intercourse with the victim, and was killed in the victim's vehicle.

At around 02:10 on April 18, 2020, the Defendant refused to enter the “Eel” at the entrance of the stairs of the first floor, leading the victim’s arms in the form of a restraint, leading the victim to the said telecom F, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim in a state of failing to resist.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A investigation report (felCCTV course);

1. Application of Acts and subordinate statutes to the MoCCTV video data, and the detailed statement processing the 112 Report Report Case;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) and Article 50(1) proviso of the former Act.