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

around 02:00 on September 12, 2019, the Defendant, together with B, C, etc., went together with the victim F (name, 26 years of age, female) who was different from those of the E clubs located in Gwangju Seo-gu.

The victims were accommodated together with B and the above club around 04:17 of the same day in Seo-gu G hotel H around the same day.

B left the victim around 05:37 on the same day, left the victim and left the mixed room without locked the door, and the victim was living alone in the above room.

Around 08:56 on the same day, the Defendant opened a locked door from the above G hotel H, and discovered a victim who was off and diving from clothes under the influence of alcohol.

The Defendant off his clothes and inserted his sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim's failure to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each police protocol of statement to F (the state of taking by a victim), and each police protocol of statement to F (the state of taking by a victim) and B (the state of NA-type detection in which the defendant is the same as the defendant on the chest side of the victim) and genetic assessment statement (the state of NA-type detection on the chest side of the victim);

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

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reasons for sentencing).

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

5. An order to disclose or notify an employment restriction order, and exemption from an order to disclose or notify such order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, or the proviso to Article 50 (1): The Act on the Protection of Children and Juveniles against Sexual Abuse;