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 August 23, 2019, at around 03:00, the Defendant, along with the victim B (the family name, the 25-year old age), who is a workplace partner in Yongsan-gu Seoul Metropolitan Government, was on the si to get home, and the victim was on the si in Tawon-si C as the victim was on the si in order to have the sib, and the victim was on the sib, she was off from the lower part of the victim, and added his sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Application of Acts and subordinate statutes on communication between the defendant and the defendant's legal statement B to each police investigation report and the suspect's Kakao Stockholm;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In light of an order to disclose information and a notification thereof, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, 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. 1738, Jun. 2, 2020); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); the Defendant’s age, occupation, home environment, social relationship, etc.; the effect of the order to disclose and prevent the registration of personal information and treatment of sexual assault against the Defendant can be expected through such order.