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 of the final judgment.

Punishment of the crime

At around 02:00 on June 4, 2016, the Defendant: (a) went to the Defendant’s F car parked on the front of the Shithalth of Suwon-si, who was under the influence of alcohol, after completing a meeting with the Defendant’s club fee for the victim, etc.; (b) went to the Defendant’s F car on the front of the Shithalth of Suwon-si; (c) was under the influence of alcohol and went off the clothes of the victim who was under the influence of alcohol and was unable to resist; and (d) was sexual intercourse by inserting his sexual organ into the drinking part.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning D and G;

1. Investigation report (Confirmation of the motor vehicle of the accused);

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Where a conviction becomes final and conclusive on the crime of this case, which is a sexual crime subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated

The issue of whether an order to disclose or disclose personal information constitutes "any special circumstance to prevent disclosure of personal information" as a ground for exception to an order to disclose or notify information shall be determined by comprehensively taking into account the defendant's age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime such as the crime, such as disclosure order or notification order, degree and anticipated side effects of disadvantage and side effects of the defendant's disadvantage due to the disclosure order or notification order, prevention of sexual crimes subject to registration, effects

Supreme Court Decision 201No. 27. 201