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 March 25, 2016, the Defendant, at the main point of “D” located in Jinju City, around 21:00 on March 25, 2016, performed drinking together with the victim E (the victim E, who is an employee of the company) who is an employee of the company, and was willing to have sexual intercourse with the victim by using the gap in which the victim lost mind under the influence of alcohol.

The Defendant, at around 22:00 on the same day, sent the damaged person to the residence of the Defendant F in Jinju City F and 201, was under the influence of alcohol and went off the clothes of the victim who can boom in the bed, and had sexual intercourse once by inserting the Defendant’s sexual organ into the negative part of the victim, and had sexual intercourse once again with the victimized person who had sexual intercourse in the toilet more than twice in total.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Each internal investigation report [The attachment of CCTV video recording images, the emergency set of victim E (a), the gathering of suspect carnets], each investigation report (in relation to the alcohol of the victim, attaching a record of attachment, such as the details of telephone conversations of the victim and the details of text messages, accompanying a record of the report, a record of the details of telephone conversations of the victim and the details of the text messages, attachment of a record of the report, a record of CCTV image data), on-site photographs, on-site CCTV CDs, G dialogues, recording records, voice files CD

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes on a written request for medical treatment, prescription, record sheet, and receipt;

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) 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 an order to disclose or notify information, 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 record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is obliged to register personal information and treat sexual crimes.