1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

Around 02:00 on September 29, 2013, the Defendant, at around 02:0, abused the victim’s clothes from the victim E (here, 27 years of age) in the Seoul Gwangjin-gu Seoul Special Metropolitan City, by using that victim E (here, b7 years of age) was drunk and was unable to resist, thereby having sexual intercourse with the victim once.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the Acts and subordinate statutes to record the defendant's suspect interrogation protocol E to the prosecution;

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. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no record of criminal punishment prior to the crime of this case and is seriously against his/her own mistake; the defendant and the victim have committed the crime of this case contingently between the defendant and the victim, and the victim have sought a prior consent. In light of the defendant's age, occupation, type and motive of the crime of this case, the process of the crime of this case, its consequences, etc., it is deemed that there is a significant disadvantage that the defendant will suffer, rather than the benefits and preventive effects expected from the disclosure orders and notification orders. Thus, it is determined that there is a special reason that the disclosure or notification of the defendant's personal information should not be disclosed pursuant to the main sentence of Article 41 of the Act on Special Cases Concerning the Registration of Personal Information of Sexual Crimes (see Supreme Court Decision 201Do16863];