A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On July 21, 2018, around 06:00, the Defendant reported the victim C (V, 22 years of age) who was under the influence of alcohol while driving a motor vehicle in the vicinity of the Guro-gu Incheon Metropolitan City, Namdong-gu, Incheon, and recommended the victim to move the victim to his own house D 301, Seocheon-si.

On July 21, 2018, the Defendant, at around 09:10 on July 21, 2018, after drinking alcohol with the victim C (the 22 years of age), she laid off the breath under the influence of alcohol with the victim’s clothes, and then inserted the victim’s sound and chest into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to legal and chemical appraisal reports (35 pages of investigation records), genetic appraisal reports, and investigation reports (Attachment of genetic appraisal records);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's mistake is against himself/herself, and the defendant's age, family environment and social relationship, and crimes committed with the victim.