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

On August 27, 2016, at the “E” club located in Yongsan-gu Seoul Metropolitan Government, around 01:00, the Defendant met with the victim F (one person, two-five years of age) while drinking together with his/her females on August 27, 2016, and went back from the said club to the victim’s office located in Gangnam-gu Seoul Metropolitan Government.

The Defendant, between August 27, 2016 and August 27, 2016, from around 05:30 to August 27, 2016, from around 07:14, was drunk in the victim’s office and was in sexual intercourse once with the victim, from around 05:30 to around 07:14, 2016.

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 with respect to F;

1. A transcript;

1. Two copies of a map of origin and site;

1. Each internal investigation report (Evidence list 6,7,10,12,14);

1. Request for provision of communications data and response materials from a radio operator;

1. One copy of a registered photograph of driver's license;

1. Application of Acts and subordinate statutes on site photographs;

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. 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 (in light of the fact that the defendant has no record of criminal punishment, and the relationship between the defendant and the victim, he/she has a criminal tendency against many and unspecified persons solely for the instant crime;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only by taking part in the registration of personal information on the defendant and taking part in sexual assault treatment lectures.

In addition, in light of all the circumstances, such as the defendant's age, family environment, and social relationship, as shown in the argument of this case.