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

Punishment of the crime

On January 19, 2019, at around 21:00, the Defendant, at the main point of “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, held friendship and drinking together with the victim D (the name of the victim, the age of 25) to drink, proposed the victim to drink the alcohol to drink more, and made the victim sexual intercourse with the victim at around 04:0 of the following day, at around 04:0 of the day, the Defendant got into the Bupyeong-gu, Incheon, Bupyeong-gu EelF to rape with the victim while talking with the victim and talking with the victim, the Defendant was sexual intercourse with the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias), G, and H;

1. Application of Acts and subordinate statutes to each investigation report (referring to the submission of documents to the International Seaba Center, attaching a victim's photograph, and making requests for appraisal);

1. Article 297 of the Criminal Act applicable to the crimes;

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

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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sex offense and that the defendant's registration of personal information against the defendant and an order to attend a sexual assault treatment can have the effect of preventing recidivism even if he/she was given due to the lack of the record of punishment for a sex offense, and other circumstances, including the defendant's age, environment, social relationship, anticipated side effects of the defendant's disadvantage and anticipated side effects caused by the disclosure or notification order, and the prevention effect of a sexual crime that may be achieved therefrom

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Welfare of Disabled Persons Act, December 11, 2018.