A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The Defendant and the Victim B (the age of 25) are the “Islves” hotel located in Jeju City C, and the first space between the Defendant and the Victim B (the age of 25) while doing the first one on November 6, 2017.

The victim, after drinking with the guests, she left the above place, and she was locked above by the above room D heading with the above room, which she has been silentd.

On November 7, 2017, at around 04:00, the Defendant opened a string door D, which was not corrected, and made up of the body of the victim under the influence of alcohol, and had sexual intercourse once with the victim’s sexual organ inserted his sexual organ into the victim’s sexual organ.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness B, E, and F;

1. Investigation report (verification of on-site CCTV, on-site photographs of the relevant case, the results of appraisal of victim blood and urine samples, and verification of the results of requests for appraisal of Defendant oral cells);

1. Response to a request for appraisal;

1. Application of the CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Juveniles, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant is the primary offender, and the Defendant’s distorted sexual impulses revealed through the instant crime are the Defendant.