A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant and the victim B (the age of 27) are the space that he became aware of in the Internet carpet group.

Around 20:00 on April 20, 2018, the Defendant and the victim drinked drinking at the main points located in Mapo-gu Seoul Metropolitan Government E, along with C and D, a member of the above gathering, and became the same as the Defendant’s house located in Mapo-gu Seoul Metropolitan Government on April 21, 2018 after adding drinking at the neighboring main points.

At around 03:00 on the same day, the Defendant, who was drunk and was diving, was off of the victim’s boom and clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's state of non-performance to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of text messages sent and received with suspects;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act provides that the Defendant has no record of having been sentenced to the same kind of crime or imprisonment or heavier punishment prior to the instant crime; the Defendant’s personal information registration and participation in the sexual assault treatment lecture alone appears to have a certain degree to prevent recidivism; a sexual crime that can be achieved by the disclosure or notification order compared to the disadvantage and anticipated side effects that the Defendant