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

On March 8, 2019, the Defendant drinked alcoholic beverages with C, D, and victim E (the age of 31) known at the main points located in Suwon-si, Suwon-si B, and had sexual intercourse with the victim by inserting alcohol around the following day after completing a new wall around the new wall, and waiting for the victim's residence in Suwon-si F, Suwon-si, and waiting for an acting driver, going together with the victim's residence while going to the victim's residence, while the victim was under the influence of alcohol, and was sexual intercourse by inserting his sexual organ into the part of the victim.

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. Each police statement of E, D, and C;

1. Investigation report (for the suspect's agreement);

1. Application of Acts and subordinate statutes to the Kakao dialogue, a written confirmation of counseling, and a record of telephone conversations;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. In light of an order to disclose or notify information, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the fact that the Defendant has no criminal record of the same kind; the Defendant’s age, occupation, family environment, social relationship, etc. are presumed to have the effect of preventing re-offending by taking lectures on the registration of personal information of the Defendant and taking lectures on the treatment of sexual assault; and the profits and the effects expected by the disclosure order and the employment restriction order.