A defendant shall be punished by imprisonment for not less than two years and six months.

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 January 1, 2017, the Defendant found the victim E (the name of the victim, the age of 21) who was suffering from deep diving by entering the 306 heading room, while searching for the same kind of drinking alcohol in the Doncheon-si, Busan around 11:03, and decided to engage in sexual intercourse.

Defendant 1 opened and re-enters the above 306 entrance, and had sexual intercourse once by putting off the victim’s panty and inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the state of mental and physical loss of the victim who was under the influence of alcohol by intrusion into the room possessed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A written statement of the F;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, and Article 299 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on the Punishment of Sexual Crimes, stipulate “Article 297” in the column for the applicable Act of the indictment. However, since it is obvious that it is a clerical error in light of the name of the crime or the facts charged, it is corrected under

(Selection of Imprisonment with prison labor)

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order; 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 (the fact that the defendant has no record of being punished for a sex offense; the defendant's age, occupation, risk of recidivism; the type and motive of the crime; the process and consequence of the crime; the family environment of the defendant; social relationship with the victim; and other disclosure.