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 October 27, 2018, around 07:45, the Defendant had sexual intercourse with the victim D (one’s name, two-one’s age) with the first place of drinking in Daegu-gu Birel C, Daegu-gu on the same day, and had a breath sexual intercourse with the victim by getting off the victim’s clothes that he was under the influence of alcohol and inserting his sexual organ into the part of the female in an unfortunateed state.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. G statements;

1. A report on internal investigation (field verification), investigation report (verification of crime prevention and telecomct v, attachment of contents of H dialogue between victim and witness E, and result of requests for appraisal with a country and a witness);

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

5. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, 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, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no history of sex offense, and it is difficult to readily conclude that the facts constituting the crime alone alone alone

It seems that only the registration of personal information of the defendant and taking courses for sexual assault treatment can prevent recidivism by the defendant.

In addition, the family environment and social relationship of the accused, the age of the accused, the benefits expected by the disclosure and notification order or the employment restriction order, and the effect of the crime prevention.