Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person living together with C, who is a victim B (n't, family, 36 years of age).

On October 10, 2016, at around 01:50 on October 10, 2016, the Defendant drinking alcohol, such as the victim and C, in the residence of the victim located in Gangseo-gu Seoul Metropolitan Government D, and C took shower, the Defendant reported that the victim, who was under the influence of alcohol, was in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in

As a result, the Defendant, who was under the influence of alcohol, committed similar rapes by using the victim's resistance impossibility condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Application of statutes on site photographs;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification 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 (the Defendant has no criminal history of the same kind; and the background, method, etc. of the instant crime)

It is difficult to conclude that the order of imprisonment with labor, registration of personal information, and lecture for treatment of sexual assault can expect the effect of preventing recidivism to a certain extent.

In addition, in light of various circumstances, such as the defendant's age, family environment, social relationship, etc. as shown in the argument of this case, the defendant is given an order of disclosure notification.