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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 2, 2016, the Defendant got the victim D (Woo, 20 years of age) who was aware of peace in Gangnam-gu Seoul, Gangnam-gu C, and was drinking together, the Defendant got the victim to “Fururel” located in Gangnam-gu, Seoul.

The Defendant, at the influence room of the above Moel, exceeded the clothes of the victim by taking advantage of the victim’s influence who was unable to resist, and sexual intercourse once with 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. Each police statement made to D or G;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a period of one year and six months from six months to three years (the area to be mitigated, as a victim is not subject to punishment);

3. The crime of this case by which the sentence of sentence is to be sentenced is to drink the victim who had been aware of his usual mind, and to hold the victim who is unable to resist because of the physical and mental loss due to drinking by drinking.