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

The defendant and the victim B (hereinafter referred to as "victims") are known to each other for six years.

On December 16, 2019, at around 15:30 on December 16, 2019, the Defendant, within the Michuhol-gu Incheon Metropolitan City C apartment D heading, had the victim’s bar and clothes, who were fright to drinking, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report on the police statement concerning B, internal investigation report, report on 112 case handling table, investigation report (the result of request for appraisal);

1. Application of Acts and subordinate statutes requesting appraisal of the National Institute of Scientific Investigation;

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 Aggravated Punishment, Etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); it is difficult to readily conclude that the Defendant has no record of punishment for a sexual crime in the past, and thus, there is a risk of recidivism of a sexual crime. In addition, considering the Defendant’s age, occupation, family environment, disclosure and notification order, as well as various circumstances, such as the registration of personal information on the Defendant, the treatment of sexual assault, the order to attend employment, and the effect of protecting the victims, etc., the Defendant’s personal information is disclosed and given to the public.