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

Around June 9, 2019, the Defendant, along with C and C’s female-friendly job offers victim D (V, 41 years of age) in the area of E-gu, E-gu, Si, Si, Si, and after drinking alcohol, the Defendant d (V, 41 years of age) in the show of the ward, and the victim d respectively in the large area of C and C.

At around 05:00 on the same day, the Defendant discovered a victim who was under influence of alcohol and was locked with C, with his clothes, and tried to have sexual intercourse with the victim, and exceeded all panty and panty, and had sexual intercourse with the victim's body on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police investigation report (related to responses to requests for appraisal);

1. Application of Acts and subordinate statutes governing recording records;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso that there is no history of criminal punishment against a criminal defendant; the registration of personal information and an order to attend a course for treatment of sexual assault can be seen as having the effect of preventing recidivism; and the order to disclose or notify information may be achieved by such order compared to the disadvantage