Defendant shall be punished by imprisonment for a term of one year and six months.

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

From December 26, 2019, the defendant was living together with the victim B (n, 24 years of age) and the defendant's dwelling.

Around 05:30 on February 5, 2020, the Defendant exceeded the victim’s right under the influence of alcohol at the Defendant’s dwelling in Dongdaemun-gu Seoul and Dongdaemun-gu Seoul and D, and had sexual intercourse once with the victim.

Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (the results of an electronic appraisal request and a suspect gene appraisal report);

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 and an order to restrict employment; 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); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 47(1) and Article 49(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) appears to have the effect of preventing the recidivism of the defendant; and Article 59(2).