A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

around 09:00 on May 22, 2018, the Defendant, at the house of the Defendant located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and the fourth floor, performed drinking together with the Defendant’s front wife and the Defendant’s YMD (at the age of 29 years) who was a frighter for drinking while drinking together with the Defendant’s sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim, and inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written complaints filed in D;

1. Application of the statutes of the response request for appraisal;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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 proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course or order to complete a program (the defendant is a Mongolian and is unable to make a day-to-day conversation in Korean, so it is difficult to expect its effect even if the defendant

Therefore, there are special circumstances in which it is impossible to impose an order to attend a course or order to complete a program under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc.

I think)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished as a sexual crime, and the crime in this case is unspecified.