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 January 21, 2020, the Defendant, at around 02:50 on January 21, 2020, at the session of Dongdaemun-gu in Seoul, 196 near the session of Dongdaemun-gu, 196, was unable to fully hold the body of the victim B (the victim B (the victim 19 years of age) who was a part of the back-of-university of the university, was under the influence of alcohol, and was unable to fully hold the body. The Defendant, along with the daily behaviors, was in the studio of female-friendly job offering D, and the victim was in the studio of female-friendly job offering of the Defendant located in the same Gu C, at around 06:00 on the same day, had sexual intercourse once with the victim by inserting his sexual organ into the part of the other victim under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. B and E’s report on investigation (recording the victim’s statement recording), photographs, etc. taken by the injured party at the time of the instant case, closure photographs, such as the Kakao Stockholm Stockholm conversation between the injured party and his/her relatives, investigation reports (specific to the accused), confirmation of the details of approval of the card, investigation reports (Attachment to the contents of the victim’s and D’s Kakao Stockholm Stockholm conversation with the victim submitted by the injured party), investigation reports (including photographs attached thereto), investigation reports (in the currency of the witness F), investigation reports (in the currency of the witness), investigation reports (in the case of the accused and the injured party’s personal activities), application of the relevant Acts and subordinate statutes

1. Articles 299 and 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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, notify, and restrict employment; the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).