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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 21, 2018, at around 01:50, the Defendant visited the victim from the main point of “E” operated by the victim D (V, 52 years of age) in Pyeongtaek-si C, to drink together with the victim, the Defendant visited the victim, who was able to sleep the victim by drinking together with the victim, and met the victim's chest, bucks, and sucks with the victim's chest, bucks, and sexual flag, etc. with his hand, while drinking together with the victim, the victim who was able to sleep the victim's body, but was bucking into the victim's body, was unbucked, and was put into the victim's panty, who was used on the floor, and went out the Defendant's sexual organ, and then inserted the victim's sexual organ.

Accordingly, the defendant had sexual intercourse with the victim who is in an impossible state of resistance once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. All on-site photographs;

1. Investigation report (as to the confirmation of CCTV in the place of the case),

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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 suspended execution;

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

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, notify, or place an employment restriction order, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime and thus has a risk of recidivism or recidivism of a sexual crime;

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

In addition, considering the following circumstances, the defendant's personal information is the defendant's age, family environment, social relationship, relationship with the victim, the disadvantage and anticipated side effects of the defendant's suffering, and the prevention effect of sexual crimes that can be achieved thereby.