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 July 17, 2016, around 03:30 on July 17, 2016, the Defendant discovered that the victim E (e.g., 47 years of age) who drinking alcohol at the same age club, fright clubs in Busan, had fluened alcohol at the same time in Busan, and had been able to have sexual intercourse with the victim by taking advantage of the victim's drinking condition.

Accordingly, the Defendant, by causing the victim's multiples, led the victim to a "F" telecom in the vicinity of the said age club by entering the victim's boom with his body, bringing about the victim's breath, and bringing about the loss, etc.

On July 17, 2016, at around 03:35, the Defendant: (a) placed a victim at a 206 heading room; (b) placed the victim at a bed; and (c) inserted his sexual organ into the victim’s negative part, thereby having sexual intercourse with the victim using a state of resistance impossibility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (video recording for victims E), video CDs, and images of the upper part of the body;

1. A report on internal investigation (in-house investigation on the card slips) and a card slip;

1. Report on internal investigation (limited to the Felel image and the value at the time of damage), CCTV images of the Moel;

1. A fire-proof report (limited to the verification of CCTV images), and a photograph to capture CCTV images;

1. A investigation report (related to the investigation of CCTV around the scene), CCTV-cap photographs, and CCTV video CDs;

1. In the application of Acts and subordinate statutes to an investigation report (or a reply to an appraisal by DNA), gene appraisal report, and genetic appraisal report;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.