A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

On December 15, 2018, the Defendant: (a) was a victim B (a person, leisure, 26 years of age) and “C” club located in Gangnam-gu Seoul Metropolitan Government on December 15, 2018; and (b) went to the residence of the victim of Gangnam-gu Seoul Building D- who was under the influence of alcohol after drinking together.

The Defendant, between 07:00 on December 15, 2018 and 08:30 on around 07:0, had the victim off the clothes of the victim under the influence of alcohol and had sexual intercourse by inserting his or her sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (related to data submitted by a victim), a report on investigation (related to CCTVs at the scene of occurrence), a report on investigation (related to videos submitted by a victim), and a report on investigation (related to dialogues, such

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 disclosure 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 have no record of being punished as a sexual crime. The instant crime is not an offense against an unspecified victim, but an offense against an unspecified victim, and the Defendant’s personal information registration and taking lectures in treatment of sexual assault can be prevented from reoffending, and the disclosure and disclosure are deemed to be possible.